Full text of "Legal status of women of Alberta as shown by extracts from Dominion and provincial laws"

See other formats

e
|.
i

LEGAL STATUS —
7 of -
WOMEN OF ALBERTA.

as Stovon by E Extract from Daminion and Provincial Laws :

wal "Second Edition a

° “Compiled by os so oo | on
HENRIETTA MUIR EDWARDS eee | eee

ind, ander the authority of the. Attomey- General, |

7192

LEGAL STATUS

of
WOMEN OF ALBERTA

as Shown by Extracts from Dominion and Provincial Laws

% , Compiled by
HENRIETTA MUIR EDWARDS

Second Edition

‘
\
\

Issued by and under the authority of the Attorney-General
“ 1921

'
a
a

CONTENTS.

Tterpretation coccccccsecseeedesestecscsseceeesecseeeeneeecsessscessessssserseeeuecseeass .
Preface to Second Bdition.. ce sssesecseereussccssecseerenensesseseees

Preface to First Edition. .cssecccseeeeseseeessetessssaseseesntesneneets seceusees

CHAPTER L

Marriage ........ eteeeenees ‘eessessees vessecsnecucesvenedavseesaneguecnestecanesetireressseeaess
CHAPTER IT.

DIVOLC oe ececeseceeesecseecssucecsessecesveusessacsussnsssssssusssusessesesvecnsessavetease eaeses
CHAPTER ILL

Dower and TONANCY it. cesesseseceteeesesssssesseestesesenveces Leeeeneeeeseeeteneecseceenee
CITAPTER IV.

Bs 0) 1) oh eee ppevernnacees . det eseeueaeeeeetvacaeanees

“CHAPTER V.

Married Woman’s Relief Acticccccccccsccccssssccccsssssescessesescescescessees
CHAPTER VI.

WAS .cascusnenietannnnaiedieelitssesnnsteetneeetes Laenetstatcctee

CHAPTER VII.

Devolution of Est ates...ceccscescsesssccsssesseceseesneessesssccssessssesseessscessecsssees ,

CHAPTER VIE.

Guardians, Trustees and Administrators...ccccccccseseeeneeeceners

CHAPTER IX.
Equal Parental Rights. .c..ceccccsscescsesceceeececesacssresceceesesssstsetetesserese
CHAPTER X.

Mothers’ Pensions... cesses scesaceneeneeseecseeetseesetsereee cuneeee scenes ae

CHAPTER XI.

Children Born out of Lawful Wedlock.....0 eee cee
CHAPTER NII. =

Fran@hisSe ..icccccccccscsssccssesecacsesestaccetecssceseses Leeececessseuqensaen cesseteceseeccceeees .
CHAPTER NII.

NAturaliZatiOn .....ccceccccssescsssccesccssessssessseeseeeesceees vueusceevessesesevsecseeees .
CHAPTER NIV.

Factory ACtic cc ccccccccsccsssscescssscssecesssceesseess vestetsesesneseseceseeseees tatesecseeeeeee
CHAPTER XV.

Extracts from the Criminal Code.cccccccsccccscsccecessesesecseecseseceees
CHAPTER XVI

Verereal Diseases... cscs sesssssssssssssssescesscssssesssssesseaeessacetereeeessesee:

Misectlaneous

INTERPRETATION.

“Infant” a minor. a person under twenty-one wears of

**Inchoate”™> begun. but not completed.

**Coverture” the time of a woman between marriage and th:

dissolution of that marriage.
**Feme sole’ an unmarried woman.

**Ventre sa Mére™” the mother’s womb.

“C. 0." Consolidated Ordinanees of che Nirth- Wes:
tories.::

“Ord.” Ordinance of the North-West Territeris,

“S.c" Statutes of Canada.

“SAT Statutes of Alberta.

‘ C. Code.” Criminal Code.

‘*Dom. Code.” Dominion Code

“R.S."° Revised Statutes.

~Hals.”” ‘Halstty ‘s* Laws uf England.”

4 -
Yo

PREFACE TO, SECOND EDITION.

—,

As the first issue of 3,000 of the ‘‘Legal Status of Women
of Alberta’’ was soon exhausted, the Government is publishing
this. Second Edition in order to supply, in a concise form, in-
formation in answer to’ the many requests that are made
“regardiug the laws relating to women.

When the first edition of ‘‘The Legal Status of Women of
Alberta’ was published in 1917, the Alberta Government led
the way in Canada In recognizing through its legislation the
value to the state of woman's brain and capacity for service.
Since then, Alberta has continued to hold this lead, not only
giving to its women the minor positions of trust, but calling _
them to the highest places of honour. “Alberta was the first’.
Province in ‘Carfada to call iwitien to a Legislative Assémbiy>—~
the first to ask a Syomant t te-aecept a judge’ s seat in the Courts f
of Justice-and the first to hand, her Aldermanic horroars—
Alberta was the first Province to grant equal provincial and
municipal : suffrage regardless of. sex distinction; the: “first to
grant absolute ‘equal_parental rights, not only as: co- -guardian
but giving to the mother in 1920 every right i in her child that’
had been exclusively held by the father, even to sharing with
the father his rights in the intestate estate of his son or
daughter.

In addition to bringing ‘‘The Legal Status of Women of
Alberta’’ up-to-date, including Amendments to former Statutes

and new Acts, legislation on a number of ‘other subjects has
been quoted. ~

Attention is especially called to the recent Atpendments

to the Criminal Code for the better protection of women and
children and also to the protection afforded to unhappy and ill-
used ‘wives through some of the English laws in force in the
Province. ;

Henrietta Murr Epwarps.
Macleod, Alberta, December. 1920.

PREFACE TO FIRST EDITION.
7

The women of Albertgy except in dower rights, are ;more
favayred-in regard to levl status than are those of any other
Province in Canada. The Government's appreciation of the -
work of the women in standing: shoulder to shoulder with their
men folk in the development of their country, has been shown

. by giving to them this premier place in the Dominion.

The courteous and sympathetic understanding with which
our Premier and members of his Cabinet have always received
those women who had oceasion to interview the Government

‘in their efforts to remedy existing laws that press unfairly on

their less fortunate sisters, has been in strong contrast to that
of the Governments of some of the other Provinces. In this _
connection I would like to point out that the laws that dis-
qualify Alberta women because of sex are Dominion and not
Provincial, except those that relate to parentage and in these
they are given more rights than are other Canadian mothers.

In preparing ‘‘The Legal Status of Alberta Women,’’ the
purpose was to supply;.ip_a concise form, information to those
women in, the Province who are seeking knowledge of the laws
that particularly. concern them. It is not offered as a legal

guide, but rather.as a text book in the hope that it will lead

to further study; therefore the source of the information pre-
sented is given in almost every case. A woman desiring to
have her interests legally guarded should consult a qualified
lawyer and not rely upon any knowledge she may acquire
through this pamphlet or elsewhere, as ‘'it depends’’ is truer
in law than in anything else.

The laws of Alberta are not codified as are the civil
laws of Quebee. Broadly speaking we are governed by the
laws of England, the Dominion laws, th dinaneces of the
North West Territories and the laws passed by our own Legis-
- lature. By the British North America Act all the laws, civil,
and otherwise, of England came into force in Canada and re-~— |
main in force unless repealed, substituted, altered or amended
by the’ Dominion or the Provinces. When the North West
Territories were joined to Canada, these English Acts, which
were unrepealed or unamended by the Dominion, with sub-
sequent Acts passed by the Dominion, became the laws of the
Territories; when Alberta was made a Province in 1906, the.
English law (as it was before the British North America Act)
which remained unrepealed or unamended, the Dominion Acts
and the Ordinances of the North West Territories became the
law of Alberta. All these laws, unless repealed or amended,
and the Acts since 1906 passed by the Legislature of Alberta.
are in force in the Province.

Henrietta Murr Enwarps.

Macleod, Alberta. December, 1916.

CP a 7

CHAPTER I.

| . _ MARRIAGE,

The Acts governig”) marriage in the Province of Alberta 7

arriage Ordinanee, wbeing chapter 46 of the Con-
thereto by he <Hegislative Assembly of the*Territories up to

Alberta ; the Dominion Acts relating to marriage dnd also the

Common Law of England as it was in force in 1870 when the’

Territories were joined to Canada, except as altered by en-
_actments of the Dominion, the Territories and Alberta Legis-
latures. . a

Marriage does not legally disqualify a woman in Alberta.
except in so far as it affects her nationality and domicile.

Marriage revokes a will. (R. 8S. of Canada, Chap, 50, see
33.)

Contracting parties must be of the age of twenty- one
years, or if under the age of eighteen years, must have the
consent of both father and mother, or such of them as may
be living, if between the age of eighteen years and twenty-
one years the consent of one parent, either father or mother.
Tf no father or mother living, the consent of guardian is ne-
eessary. (Statutes of Alberta 1916. cap. 3, sec. 20.)

Proviso:

‘‘Provided that where either of the contracting parties is
.of the age of at least eighteen years, and is maintaining him-
self or herself and living apart from his or her parents, he or
she need not obtain such consent. but shall make an ‘affidavit

amendments by the Legislative Assembly of -

d ‘dindneés 1898 of] thé Territories and amentinents "

10° .7 LEGAL.STATUS OF WOMEN OF ALBERTA

clearly setting out the above facts, and file the same with the
issuer of the license.’’ (Statutes of Alberta 1919, cap. 4, see.
48.)

No marriage is legal if contracting party is under fifteen
years of age, except where marriage is necessary to prevent
illegitimacy of offspring and: a certificate to that effect is
given by a legally qualified medical practitioner. (Statutes of
Alberta 1916, cap. 3, sec. 20, and Statutes of Alberta 1919, cap.
4. sec, 48.) ,

The Requisites of a valid marriage are: me
1. That each of the parties should as regards’age, mental
capacity and otherwise be capable of contracting marriage.

2. That they should not by reason of kindred or affinity
be prohibited from marrying one another. (A husband is of

affinity to his wife’s kindred, and a wife to the kindred of the

husband).

3. That there should not be a valid subsisting marriage © _ .

of either of the parties with any other person.

4. That the parties understanding’ the nature of the con- :

tract should fully consent to marry one another, and

5. That certain forms and ceremonies should be observed.

Mere dullness of intellect is not of itself sufficient to in-

capacitate a person from marrying. The capacity of con-

tracting marriage depends upon whether at the time of the

marriage he or she was capable of understanding the nature .

of the contract.

Who may not marry:
_ Degrees of affinity and consanguinity which, under the
statutes in that behalf, bar the lawful solemnization of mar-
riage: ,

LEGAL STATUS OF WOMEN OF ALBERTA il

A man may not marry his «A. Woman may not marry her
1. Grandmother. J. Grandfather.

2.-@randfather’s wife 2. Grandmother’s husband.
3. Wife’s grandmother’ ~ 3. Husband’s grandfather.
4, Aunt. +. Unele.
5. Uncele’s wite. © 5. Aunt’s husband.
6. Wife’s aunt. 6. Husband’s unele.
7. Mother. 7. Father.
‘8. Step-mother. ° 8. Step-father.
9, Wife’s mother. 9. Ilusband’s father.
10. Daughter. “ 10. Son.
11. Wife’s daughter. 11. Husband's son.
12. Son’s wife. 12. Daughter’s husband. a
. _ 13. Sister. ' 13. Brother.
’ 14. Granddaughter. 14. Grandson.
‘15. Grandson’s wife. .15. Granddaughter’s husband.
16><Wife’s granddaughter. 16. Husband’s grandson. -
17. Niece. 7 - 17. Nephew.
18. Nephew’s wife. 18. Niece’s nephew.
19. Brother's wite. 19. Husband’s nephew.

20. Husband’s brother.

The relationships set forth in this table inelude- all such
relationships whether by the whole or half blood, and whether
legitimate or illegitimate.

By Dominion Act 5a Vict.,-¢. 36, sect. 1 it is enacted
that ‘‘All laws prohibiting marriage between a man and the
daughter of his deceased w ife’s sister where-no law relating
to consanguinity is violated are hereby repealed both as to past
and future marriages.” \

An Act permitting marriage with. deceased wife’s sister
passed in Canada 1882,-May 17th. A similar Act passed in
England 1907.

12 LEGAL STATUS OF WOMUN OF ALBERTA

It may be noted that a man may marry. his sister-in-law,
but a woman may not marry her brother-in-law. A man may
marry his deceaséd wife's niece, but a woman may not marry
her deceased husband’s nephew. ;

A bill to amend the Mars: age Act of ‘Canada Was intro-
duced in the House of Commons by Mr. Mackie of Edmonton

- and read the first time April 29th, 1920. but was hot again

dealt with. ~ S
The amendment was to legalize the marriage of a woman
with the brother of the deceased husband of the woman.

‘Marriage Invalid Ab Initio. '

A marriage between persons of prohibited deerees of con-
sanguinity or affinity is absolutely null and void for all pur-
poses: whatsoever. Sellals., Vol. 16, 256.) -

, “ Marriage. Voidable.

- Inability to‘econsummate a marriage is now the only cause
(except nonage) for which though not void, it is voidable
and may be avoided. If the condition of one of the parties
thereto at the time of marriage renders consummation. practi-
cally impossible this makes, the marriage voidable only pot
void:

Such marriages are deemed valid unless a sentence of_
nullity is absolutely obtained during the lifetime of the parties.
(Hals,, Vol. 16, 970.)

Who May Solemnize Marriage. .

(C. 0. of the Territories. eap. 46, 1915.)

All clergymen and ministers duly ordained and appointed

according to the various rites of the religious societies to

which they belong, commissioners and staff officers of the

Salvation Army, and commissioners appointed for that pur-
pose’by the Lientenant-Governor in Council.

LEGAL STATUS OF WOMEN OF ALBERTA 13

Solemnization of Marriage.

Publication of banns, or license, or notice in prescribed
form to a marriage commissioner and a license is necessary to
solemnization of marriage. .

Must be solemnized in the presence of two or more credible
witnesses besides the person performing the ceremony.

Publication of Banns.

Must be made at least thrice openly on tio successive
Sundays in some public religious assembly. (C. O. 1915, cap.
46. sec. 3.)

Marriage License.

License fee $6.00; of which issuer shall be entitled to re- -

tain $1.50 as his fee. (Statutes of Alberta 1920.)
7 The Marriage Ordinance of the C. O. of the Territories
of 1898 was amended in 1916 as follows:

See. 9: by adding ‘‘and provided further that no license’

shall be issued or granted for the marriage of mye under
the age of fifteen years.’ a

Sec. 11: repealed and the following substitute} “See. 11.
’ If one or ‘both of the parties to an intended marriage i is under
the age of ‘tw enty-one years, then before a marriage license
is issued in respect thereof. or, in case where no marriage
license is required. then before the publication of banns thereof
or before any such marriage is performed or contracted, one
of the parties to the intended marriage shall deposit with the
issuer of marriage licenses. or with the minister or clergyman
‘or other person authorized by this Ordinance to perform the
marriage ceremony.:a consent thereto in form G in the sche-
dule hereto of the persons hereinafter mentioned.

‘*(2) The persons whose consent in such form shall be de-
posited are:

14 LEGAL STATUS OF WOMEN OF ALBERTA

‘‘(a) The father and mother or such of them as may be
living of each of the parties to the intended marriage where
the parties, are under eighteen years of age and the father or
mother where the parties are between the ages of eighteen
and twenty- one ;

‘“(b) If both: the father and mother of either or both of
,the parties to the intended marriage are not then living, then
a lawfully appointed guardian or the: acknowledged guardian.”*

The Ordinance further amended in 1919 sec. 11 sub-sec. 2
exempting those over eighteen years of age living apart from
parents and self-supporting, from the necessity of consent of
parents or guardians.

Civil Marriage.

In the event of cither or both parties to an intended
marriage objecting to or not being desirous of adopting mar-
riage by a clergyman or minister of any religious denomina-
tion or by a commissioner or staff officer of the Salvation
Army, then and in that ease one of the parties to the intended

. marriage shall at least fourteen clear days immediately pre-
ceding the day of the intended marriage give notice in writing
in form C in the schedule hereto to a marriage commissioner,
and an affidavit taken and sworn in form B in the schedule
to the Marriage Ordinance and the necessary consent (if
‘any) in form @ as provided in section 11 of the Marriage
Ordimance shall be deposited with such marriage commis-
sioner by one of the parties to, the intended marriage; and
forthwith upon receipt: of such notice, affidavit and consent

(if any), the particulars of such intended marriaze shall be’

entered in a book to be kept for that purpose by the marriage
commissioner in his office, which said book shall be open to
the inspection of the public at all reasonable hours.

After the expiration of the said period of fourteen days

LEGAL STATUS OF WOMEN OF ALBERTA , 16

and after the issue of a certificate form BE, marriage may be

eontracted in the office of and solemnized by the said mar:
riage commissioner according to the form and the manner here-
in mentioned but not otherwise. -
(a) Provided that the marriage be contracted with open
doors in the presence of two or more credible witnesses, besides
the marriage commissioner.
‘(b) Provided further that in the presence of such mar
riage commissioner and witnesses, each of the parties shall

“* declare that ‘I know not of any lawful impediment why I. A _
B. may not be joined in matrimony to C. D.,’’ and each of the

parties shall say to the other, ‘‘I call upon these persons here
present to witness that I, A. B., do take thee, C. D., to be my
lawful wife (or husband).’’

(C. O. Cap. 46 as amended by Ordinance, Cap. 17, 1901.
which is amended by Statute of Alberta, 1916, Cap. 3, see 21.)

Marriage of Quakers or Doukhobortsi.
"4° Tn ease anv Quakers or Doukhobortsi desire to be mar-

ried according to the rites and ceremonies of their own rcli-..

gion or “ereed, one of the parties to the intended marriage
shall. at least eight days immediately preceding the day of
intended marriage, give notice in writing in form C in the
schedule hereto to a marriage commissioner and an affdcavit
declaration taken and sworn or made in fqrm B in the

schedule hereto and the necessary consent (if any) in forin

G@ as provided in section of the Marriage Ordinance shall be
deposited with such marriage commissioner, by one of the
parties to the intended marriage; phd forthwith after the
performance of the said rite or ceremony the parties thereto
shall sign a declaration inform F in the schedule hereto,

”

16 LEGAL STATUS OF WOMEN OF ALBERTA

\
\

\ . .
such declaration being made and signed in the presence of

two witnesses who shall each severally attest such declaza-
tion by their signatures, and such declaration s within

eight-days from\date of such marriage be delivered by one ~

or other of the parties so married to the marriage coruis-
sioner. :

Form D of the Ordinance is repealed.
Form G added. \
-! - \ »-Form G.
1 (or we) hereby consent to the marriage of my (son,
daughter or ward) with sssussanessecaseessucsasecsssssecaneessueenssevaecestensessiesen
and I certify that My said. sees is over the aze of
fifteen.
Dated at .

(S. A. 1916, cap. 8, see. 21.)

Registration of Marriage.

See. 22. Every clergyman, minister or any person
‘authorized by Jaw to celebrate marriages shall report every
marriage he celebrates to the Registrar-General within three
days from the date of the marriage with-the particulars re-
quired by form B in the schedule of this Act, together with
such additional information as may from time to time be re-
quired by the Registrar-General (Am. 1919, in effect from ist
July, 1919.) (Vital Statisties Act of 1916 as amended 1919.)

Husband must Provide, for Wife and Children.

Sec, 242 A. Every one is guilty of an offence and liable
in summary convictions to a. fine, of 500 dollars, or to one
year ‘imprisonment. or to both; who— TO

mee

LEGAL STATUS OF WOMEN OF ALBERTA 17°

(a) As a husband or head of a family, is under a legal
duty to provide necessaries for his wife or any child .under
sixteen years of age; or, '

(b) As a parent or guardian, is under a legal duty to
provide necessaries fpr any child under sixteen years of age:
and who, if such wife or child is in destitute or nevessitous
cireumstancés; without lawful excuse, neglects or refuses to
provide such necessaries.

See. 242 B. Upon any prosecution under section 242 or
242A, evidence that a man has cohabited with a woman or
has in any way recognized her as his wife shall be prim facie
evidence that they are lawfully married, and evidence that
aman has in any way recognized children shall be porn facie
“ eyidence that they are his legitimate children. (.Amendments
to C. Code, 1913.)

See. 242 C. Upon any prosecution under section 242A,
evidence that a man has; without lawful cause or excuse, left
his wife without making provision for her maintenanee for a

sod of at least one motith from the date of his so leaving.
or for the. maintenance for the same period of any child of his
under the age of sixteen, years, shall be prima facie evidence
of neglect to.-provide necessaries Ss uayler this section. (1919, «¢.
46.) ‘ Se

See. 244, Every one is. guilty of an indictable ‘offerice and
liable to’ three.) years” imprisonment who, being bound to per-
form any ‘duty specified in the three preceding sections. with-
out lawful excuse neglects or refuses to do so, unless the
‘offence amounts to culpable homicide. « (Criminal ‘Code, 1919.)

Right to Pledge Husband’s Credit for Necessaries, English
Law, Prior to 1870

Where a husband deserts his wife or turns her out of his.
house (selling up all furniture and leaving his wife to obtain

18° LEGAL STATUS OF WOMEN OF ALBERTA

lodgings for herself is equivalent to turning her out of doors:

without adequate eause (adultery), and without the means, ”

of supplying’ herself with the necessaries suitable to her posiy
tion in life, she has an irrevocable authority, as an agent of
neeessity, to pledge his credit for the purpose of providing
herself with such necessaries. :

Money borrowed by a wife so deserted or turned away
is recoverable from the husband, if it is shown to have been
actually expended by her in providing suitable necessaries. .
(865.) . a

If a husband is guilty of personal violence: or by his
eruelty or ill-treatment gives his wife reasonable ground for
apprehending personal violence, and so renders it unsafe for
her t6 continue to live with him, and she leaves him in conse-
quence, that is equivalent. for the purpose of investing her
‘with authority to pledge his credit for necessaries, to turning
her out of doors. and so is such miseconduet as bringing a
loose woman into the house and cohabiting with her there.
or threatening to have the wife confined’in a lunatic asylum.»
If a husband merely asks his wife to come back. this does not
affect her authority, if the consequence of her return. may be
to subject her to a repetition of the cruelty. or misconduct for"
which she has left him. (866.) «+

The term ‘‘neeessaries.." in respect of which a wife is
entitled to pledge her husband*s credit as an agent of neces-
sity when living apart from him. ineludes all such things as
she reasonably requires. regard being to her station and the
actual means and position of her husband. (868.)

Husband liable for cost incurred by wife as agent—-+t.
necessity for legal advice. (872.) Hals. Vol. 16. — ‘

A Husband Liable for the Torts of ai Wife
“Torts are injuries done to the person

y —_

or property of

LEGAL STATUS OF WOMEN OF ALBERTA 3

. :
another, as trespass. assault and battery, defamativn and the
like. ’"—Blaekstone.

Before the passing of the English Married Women’s
Property Act. the husband was responsib!e for his wife's torts.
It is held that See. 31 of the English aet only made it optional
as to the plaintiff suing either the wife alone or the husband
of the aecused. In the Courts of Engiand. Ontario, British
Columbia and Alberta. it has been laid down that notwith-
standing the right given in the Married Women’s Property
Aet to sue the wife apart from her husband. a husband is still
Hable for the torts of his wife. «See judem ive
MeArthur vs. Tyas. June, 1920, Judge Green, Medicine Hart.-

Husband and Wife Shall Give Evidence

Sec. 4 (2). The wife or husband eof a person charged
with an offence against any of the Seetions 202 to 200 inelu-
sive, 211 to 219 inelusive, 238, 259, 242A. DHL 245, 295 to 502
melusive. 307 to-311 inelusive. 313 to 31d Gnelusive of the
Criminal Code. shall be a competeRt-and eompelab? @ witness |
for the prosecution without the consent of the person charged.
$1917. e@. 14)

(3) No husband shall be compellable to disclose. any corm.
munication made to him by his wite\during their marriage.
and no wife shall be eompellable to diselose any communieca-
tion ‘made to her by her husband during their marriage.

(4) Nothing in this seetion shall affect a case where the
wife or husband of a person charged with an offence may at
common law be called as a witness without the consent of
that_person. (Canada Evidence Act as amended to 1919 in-
elusive.) we

Husband Must Not Beat His Wife.
Sec. 292 amended by adding thereto paragraph:

. ,

20 LEGAL STATUS OF WOMEN OF ALBERTA ~

(e) Every one is guilty of an indictable offence and liable
to two years’ imprisonment, and to be whipped, who assaults
or beats his wife or any other female and thereby does her
bodily harm. (Criminal Code, 1919.)

Husband or Wife Not Accessories After the Fact

See. 71. An accessory after the facP to an vuffence_is one
who receives comforts, or assists one who has been a party to
such offence in order to enable him to escape, knowing him tc
have been a party thereto. .

2. No married person whose husband or wife has been
party to an offence shall become aceessory after the fact
thereto by receiving, comforting or assisting the other of them
and no married woman whose husband has been a party
to an offence shall become an accessory after the fact thereto,
by receiving, comforting or assisting in his presence and by
his authority any other person who has been a party to such
offence in order to enable her husband or such other person
to escape. (Criminal Code, 1919.)

_ Theft | rn
During cohabitation no’ husband or wife shall be canvicted
of stealing the property of the other, but a husband or wife
shall be guilty of theft who, intending to degert or in desert-
ing the other or while living apart from the other, fraudulently ~

“ne
a

. takes or converts anything which is by law the -property of
- the other in a manner which in any other person would amount
io theft. - (Sée. 354. Criminal Code; 1919.)

_ Polygamy >
Polygamy is a crime and liable to punishment of five.
Years and fine of $500. (Sec. 310, C. Code, 1919.)
"An Indian. who according to the marriage contract of his
tribe. takes two women at the same time‘as his wives and co-

LEGAL STATUS OF WOMEN OF ALBERTA . 21

habits with them, is guilty of polygamy under the above
section.’ (See note to See. 310, C. C. 1915. Jas. Crankshaw.
K.C.)
Bigamy

Bigamy is— :

(a) The act of a person who, being married, goes through
a form of marriage with any other pérson in any part of the
world; or . \ ee >

(b) The act of a person who goes through a form of mar-
riage in any part of the world with any person whom he or

she know$§ to be married. (C. C. 307.) .
Sub.-see, B. No’ one commits bigamy by going through a
form of marriage - ie

(a) If he. on she i in good faith arid on reasonable grounds
_believes his wife or her husband to be dead ;.or,

(b) If his wife’ or her husband has been continually
absent for seven yéars-then last past and he or she, is not
proved to have known that his wife or her husband was alive
at any time during those seven years: or, .

(ec) If he or she has been divorced from the bond of the -
“previous marriage; or, : .

(d) If the former marriage has been declared vou bi
Court of competent jurisdiction. (R.S.C., C.161,

Sub.-see. 4. No person shall be liable to be sonrieted of:
bigamy in respect of having gone through a form of marriage
in a place not in Canada, unless such person being a British

. subject resident in Canada, leaves Canada with intent to gu

through such form of marriage.
See. 308. Every one who commits bigamy is guilty of an
indictable offence ‘and liable to seven years’ imprisonment.
(2) Every one who commits this offence after a previous —

uty

22 LEGAL STATUS OF WOMEN OF ALBERTA

conviction for ‘alike offence shall be liable to fourteen years’
imprisonment. (C, Code, 1919.)

Offences Relating-to the Law of Marriage

‘Sec. 809. Feigned marriages, liable to seven years’ im-
prisonment. : .

See, 311. Solemnization of ‘marriage without lawful
authority, liable to fine or two years’ imprisonment or to both.
"See, 3127 Solemnization of marriage contrary to law.
liable to a fine, or one years’ imprisonment.

Sec. 318. Abduction of woman with intent to marry or
varnally know, liable to ten years’ imprisonment. ,

Sec. 314. Abduction of heiress with intent to marry, or
varnally know, Hable to fourteen years’ imprisonment. (C.
Code, 1919.) ' '

—— Adultery

Adultery is not a punishable offence in itself under the
Criminal Code. but ean be pleaded before the Senate of Can-
ada as a reason for granting divorce.

_ Adultery by a woman excludes her from interest in her
husband’s estate. Devolution of Estates 101, C. O. 1911 and -
Married Women’s Relief Act, Cap. 18. See. 10, 1910; from
Alimony, C. 0., Cap 29. See. 1. ; . ,

Section 218 of the Criminal Code of 1919 reads: “Every
one is guilty of an indictable offence and liable to two years’ |
imprisonment who conspires with’ any other person by false _
pretences. or false representation, or other fraudulent means
to induee any woman to commit adultery or fornication.”’

Adultery is an indictable offence in New Brunswick under

, & pre- -confederation Statute of the Province. (R. vs. Strong
1915 43 N. B. R. 190. 24 Can. Cr. cas. 480; R. S..N; B. 1854, ch.
. 145. see. 8.) ~

oO -
LEGAL STATUS OF WOMEN OF ALBERTA 23

A husband may-~elaim damages from any person on the
grounds of having committed adultery with his wife. (Matri-
monial Causes Act 1857, Hals., Vol. 16, par. 1021.

Judicial Separation.

A husband dr wife may petition for a deerce of judicial

separation on the grounds of adultery. (Matrimonial Causes
Act, 1857, English law.) : ,

For cruelty, or for desertion without cause, two years

and upwards. (Hals., vol. 16, pr. 1019.) ,

False Assertion of a Marriage.

Tf any one falsely and maliciously asserts a marriage with
another (jactitation) the latter may présent a petition praying
for a decree enjoying perpetual silence on the subject. (Hals..
vol. 16, pr. 1016.) °

Persuading a Wife to Leave Her Husband.

If a third person, without Just cause persuades or entices
a wife to live apart from her husband or receives or harbours
her without her husband’s consent, that person commits an
actionable wrong.

But where a wife leaves her husband in consequence of
his ill-treatment, no action will lie against any person for re-
ceiving and harbouring her. (Hals., vol. 16, 628.).

_ CHAPTER IT.

. DIVORCE.
Tu 1918 the ‘Supreme Court of Alberta granted a divoree
“on the grounds of adultery (Board vs. Board). This jude-
mént was appealed and the case taken to the Judicial Com-

“bigamy with adultery, rape, sodomy, bestiality or of adtitery,~

24 LEGAL STATUS OF WOMEN OF ALBERTA

mittee of the Privy Council of England. The appeal was dis-
missed and the jurisdiction of the Supreme Court of Alberta
to grant divorce established by the finding of the committee
that the general wording of section 9 of the Dominion Act of
1886 put into force in the Territories the law of England on
divorce as it was in England in 1870.

The British North America Act 1867 gave the Dominiou
Parliament exclusive jurisdictibn’ i in matters of Divorce. The
Dominion Parliament has never passed any general Act relat-
ing to divoree; every divorce granted by the Dominion Parlia-
ment has been by special Act on each petition and granted
on grounds of adultery alone without distinction of sex.

There is therefore in Alberta the right to apply to the
Dominion Parliament for divorce, where precedent has made
one cause only (adultery) a ground and ho distinetion of sex.
The cost of Dominion divorce is about $2,000.00. Application.
howevér, can be made.in forma pauperis. ,

There is also the Supreme Court of Alberta to apply to,
the cost being between $300.00 to $500.00. Divorce is granted’
under the English Divorce Act as it was in 1870. The grounds
for divorce are: i

Tn the case of a husband's petition—adultery.
In the ease of a wife’s petition—incestuous adultery.

coupled with eruelty or desertion (for two years.) ') --”

A husband may claim damages. from a person on the
grounds of having committed adultery with his wife.

Adultery is presumed if a married woman goes to a
brothel with a man, but the fact of a married man doing so
may not raise an irrebuttable presumption against him.

Jt is not necessary in order to succeed on a charge f
adultery to prove the direct fact. In nearly every case the %

“

a“ \

LEGAL STATUS OF WOMEN OF ALBERTA , 26

fact is inferred from circumstances. (Halsbury, English Law,
1019, 1020, 1021, 988, 982, 981.)

Cruelty may be defined as conduct of such a character” "as
to cause damage to life, limb or health (bodily or mental. )

g, It is cruelty, wilfully and recklessly to communicate a
venereal. disease. Infection of venereal disease must be
charged, it is not enough to charge cruelty. Proof of such
disease if contracted during marriage from some other person
is sufficient evidence of adultery. (Halsbury, 976.)

Jurisdiction to the Supreme Court was given in 1907 by an
Act of the Legislature of Alberta, the Supreme Court Act.
Section 9 of this Act provided, that in addition to the powers
of the Supreme Court of the Territories, the Supreme Court
of Alberta possess the jurisdiction which before July 15th,
1870, was vested in certain courts in England.

A divoree bill establishing a uniform divorcee for
Canada (exclusive of the Province of: Quebec) passed the
Senate in 1920, but owing to the pressure of business towards
the end of the session did not pass the House of Commons.

Domicil is one of the deciding factors in the granting of

’ divorcee. wef
/

—_— !

7 [. CHAPTER ITI.

DOWER. AND TENANCY BY THE COURTESY.
Dower_is the’ use for life by a widow of a portion of her
husband’é ¢ and. There is no dower in personal estate.
In 1870, ivhen the Territories were first joined to Canada, '
the amended Dower Act of 1834 was in force in England and
became the Dower Act of the North West Territories. This

‘

26 ' LEGAL STATUS OF WOMEN OF ALBERTA

dower ‘consisted of the use for life only of one-third interest
in land of which a husband died possessed, that was not dis-
posed of by will. ' This act was abolished by the ‘Dominion
Parliament for the Territories in 1886. °

In 1917 the Alberta Government passed.a Dower <Act
siving the wife the use of the ‘‘homestead’’ for her life.

‘

. 2. In this Act, unless the context otherwise requires—.
The expressjon ‘“homestead”” shall mean-—

(a) Land in a city, town or village, consisting of not
more than four adjoining lots in one block, as shown on plan
duly registered in the proper registry office in. that behalf, on
which the house occupied by the Owner thereof as his residence
is situated;

(b) Lands, other than referred to in clause (a) of this
section on which the house oceupied by the owner thereof as

his residence is situated, consisting of not moré than one quar-
‘ter section; ° - ,

(ec) The. ' expression ‘disposition’ shall ‘include every
transfer, sale, mortgage and every other disposition by act
inter vitos and every devise or other disposition made by will:

This Act, does not make the wife the owner of the home-
stead, she cannot mortgage it nor dispose of it in any way.
Tt protects the home during her husband’s lifetime in so far
as he cannot mortgage, inewmber or dispose of it in any way
without the consent of his wife in writing, executed apart from
her husband by her own free will and accord and without com-
pulsion on the Part of her husband. Amended in 1919 as fol-
lows: -

‘Where a husband and his wife are living apart, a judge
of the Supreme Court may, by order, dispense with the con-

sent of the wife to any proposed disposition if in: the opinion:

= Mh

~~,

LEGAL STATUS OF WOMEN OF ALBERTA _ 27

of such judge it seems reasonable under the circumstances s0
to do.’’

When the wife is a lunatic or :person of unsound mind
notice of every such application shall be served in the manner
provided by the Rules of the Supreme Court for the service
of Statement of Claim on such persons. (1918.),

4. Every disposition by will of such married man anid
every devolution upon his death intestate shall, as regards
the homestead’ of such married man, be subject and postponed
to an estate for the life of such married man’s wife hereby de-
clared to be vested in ‘the wife so surviving.

When at the time of the death of a married man intestate
with respect to his homestead, his wife is living apart from
her husband under circumstances disentitling her to alimony.
no such life interest shall vest in such~wife nor shall she take
any benefit under this Act.

5. The residence of a married man shall not be deemed.
for the purposes ofthis Act, to have been changed unless such
change of residence is consented to in writing by the wife of
such married man.

8..The Married Women's Home Protection Act, being
chapter 4, Statutes of Alberta, 1915, is hereby repealed.

9. This Act will not apply to any disposition of propetty
already provided for by agreement in writing.

. Tenancy by the Courtesy.

Tenaney by the Courtesy is the use by a husband of the
lands of jis wife during marriage only if there is no issue ot
,the marriage, if issue, the use for life. By an Act passed in
England in 1870 this courtesy did not extend to lands ac-
quired by a wife with her own earnings. This Act was in
force in the Territories until 1880, when the Dominion Parlia-
ment passed an Act for the Territories ‘extending the exemp-

~
we ON
?

28 LEGAL STATUS OF WOMEN OF ALBERTA

tion ‘of a married woman’s property from the control of her
husband. In 1886 Tenancy by the Courtesy for the Territories
was abolished altogether.

There is no Tenancy by the Courtesy in Alberta. (8. A.
cap. 19, sec. 6.) . L °

CHAPTER IV.
PROPERTY.
An unmarried woman or widow has the same right to -
acquire, hold and dispose of property as a man except that
she is debarred from homesteading or preempting unless she
ig the sole head of a family. . :

Personal Property.

A married woman shall in respect of personal property
be under no disabilities whatsoever heretofore existing by
reason of. her coverture, or otherwise, but shall in respect of
the same have all the rights and be subject to all the liabilities
J6f a feme sole. (C. 0. 1911, cap. 47, sec. 1, No. 20 of 1890.)

Real Estate. f
A married woman shall, in respect of land acquired hy
her on or after first day of January, 1887, have all the rights
and-be subjeet to all liabilities of a feme sole, and may in all
respects deal with the land as if she were unmarried. (Cap.
19, sec. 10, Alberta Statutes. 1906.) 4

Property Acquired by Intestacy.
(See chapter in Intestacy.)
Interest in Husband’s Estate.
(See chapter on Dower and Married Woman’s. Relief Act.)

See. 11. Tf a wife has left her husband and has lived in

LEGAL STATUS OF WOMEN OF ALBERTA 29

adultery after leaving him, she shall take no part in the land
of her husband. (Intestate Succession Act, 1920, sec. 3 (c).)
Sec. 12. Ifa husband left his wife, and has lived in adul-
tery after leaving her, he shall take no part in her land. (Cap.
19, Alberta Statutes, 1906; Intestate Succession Act, 1920, sec.

3 (e).) . 1
Property, of Aliens. -

Real and personal property ‘of every description may -be
‘acquired, owned and disposed of by an alien.as if he were a
British subject; but rights in such property does not qualify
for any municipal, federal or other franchise, or ‘entitle. an,
alien to any right or privilege as a British subject other than .
the rights and: privileges expressly given to him in such pro-
perty. (S. of Canada, cap. 44, 1914.)

Alimony.

See. 21. The court shall have jurisdiction to grant
alimony to any wife who would be entitled to alimony by the
law of England, or to any wife who would: by the law of Eng-
land be entitled to a divorce and to alimony as incident thereto,
or to any wife whose husband lives separate from her without
sufficient cause and under circumstances which would entitle
her, by the law of England, to a decree for resitution of coit-
jugal rights; and alimony when granted shall continue until
further order of the court.

(2) In any action for alimony the court shall have power
to grant interim alimony and disbursements and may when-
ever such a course appears to it to be proper, and either be-
fore or after judgment, grant injunction for such time and
_ upon such terms as may be just to prevent any apprehended
disposition of his property, either real or personal or both, by
the defendant therein. (1917, ¢. 3, sec. 16.) -

’ ;

,
f
3@° ~~ LEGALISTATUS OF WOMEN OF ALBERTA

See. 22. An order or judgment for alimony may be-regis-
tered in any land titles office and the registration shall, so lonz
as the order or judgment registered remains in force, bind the
estate and interest of every description which the defendant
has in lands in the land titles district where the registration is
made, and-operate thereon in the same manner, and with the

same effect, as the registration of a charge by the defendant
' ofa life annuity on his lands. (1917, ¢. 3, sec. 17; sections 21,
22, eap. 3, 8. A., 1919.) * :

Succession Duties.
Succession Duties Act of 1914 with Amendments to 1921.

“The Succession Duties Act’’ does not apply as respects

the payment of succession duties-~(1) To property passing. .__

“under a will, intestacy, or otherwise, when the net value dovs

‘ not exceed $5,000; nor (2) To property passing in the man-’
ner aforesaid, to or for the use of a resident or residents of
the Province. being the grandfather, grandmother, father.
mother, husband, wife, child, son-in-law or daughter-in-law
of the deceased, where the net value of the piraperty of the de-
ecased does not exceed $10.000. (See. 5.) i

_The duties in estates of greater value t! an $10.000, pass-
ed to the above named persons varies from 14 to 10 per cent.

woe above named person residing out of the Province

from per cent. to 11 per cent. according to value of estate
from $5,000 to $2,000,000. ;

; To any other lineal ancestor or lineal descendant the

_duties vary from 5 to 14 per cent. according to value of estate
fo any other person or beneficiary from 10 to 20 per cent. ac-
cording to value of estate.

The property of a deceased soldier up to $25,000 is .ex-
empt from duty if it passes fo those mentioned in subsection
2 and ineluding brother or sister and-their descendants.

_ Lo. |

’
i}
4

LEGAL STATUS OF WOMEN OF ALBERTA 31

Also property bequeathed for religious, charitable or
educational purposes to be carricd out in Alberta not exceed-
ing in value $2,000 for any one purpose.

CHAPTER Y.

- —

THE MARRIED WOMAN’S RELIEF ACT.
(S.. ‘A cap. 18, 1910, as amended.)

Does not give ‘Bo widow a right in her husband’s estate.
but by inference admits that she has a right in granting her
the privilege under certain circumstances of applying, for re-
lief to the Supreme Court. This Act was passed in response to
petitions for dower from the Local Councils of Women of Al-
berta’ and the Women’s Christian Temperance Union.

See. 2 of the Act reads: ‘‘The widow of a man who has
hitherto died or who hereafter dies leaving a will by the terms
of which his said widow would in the opinion of the judge be-
fore whom the application is made receive less than if he had
died intestate may apply to the Supreme Court for relief.’’

Sec.8. On any sueh application the Court may make
such allowance to the applicant out of the estate of her huc-

band disposed of’by will as may be just -and equitable in the

circumstances. _ ji a wont
Sec. 9. Any such allowance thay be by way of an amount
payable annually or otherwise, or/ if a lump sum to be paid or
if certain property to be conveyed or assigned either absolute-
lv or for life or for a.term of years to the applicant. or for her
use as the Court may see fit." :
See. 10. Repealed.

Sec. 12. Repealed and the following substituted :

“a

33 LEGAL STATUS OF WOMEN OF ALBERTA

‘*See. 12. If the application be made after the expiration
_ ‘of six months from the death of the husband, the allowance, if
“, any, shall be made so as to affect only such beneficiaries under
the will as are interested in such portions of the estate as is
at the date of the application remains unadministered in the
hands of the executors or undistributed in the hands of the

4 trustees under the will.’’ we

wae 77

The following order in council was made January 20, 1921:

“Tt shall be the duty of the person applying for ‘Probate

or Letters of Administration with will annexed of the estate
of any person leaving him surviving a widow resident within
the Province, where such widow entitled to make application
for relief under the Married Women’s Relief Act, to satisfy the
District Court’ Judge before snelif¥letters do issue that suvh
married women is fully aware of her rights under the said
Act, and before Letters be issued the Judge may direet that a
copy of the said Aét be forwarded by registered post to such
married woman, and may delay the issue of Probate and Let-

> ters of Administration until such time as in the opinion of the

Judge such married woman will have in due course become in-
formed of her rights under the said Act.”’

. CHAPTER VI,

WILLS.

No person under twenty-one years of age can make a valid
will. 7
No imbecile. insane or interdicted person can make a valid
will. ; ‘

acs) ’

LEGAL STATUS OF WOMEN OF ALBERTA 3

7 Ge

The testator must be of sound mizid.

All wills must be in writing. By “‘writing™” is meart
either print, handwriting, typewriting, ete. The word is used
to express that-a will cannot be oral.

Two or more persons cannot make a will by one dnd the
same act. : ; “

A married woman is as free as a man to dispose of her pro-
perty by will.

Subsequent wills which do not revoke the preceeding one
in an express manner, annul only such disposition therein
as are inconsistent with or contrary to those contained in th
subsequent will. ~~

Marriage revokes a will, (R.S. of Canada. Chap. 5G. see.
33.5

An heir accepting inkeritanee makes himself Hable for
his share of debts due by the estate.. The taking into his pos-
session as heir by an heir of anything belonging to the estate
makes an acceptance.

A holograph will, which is a will written by the testator
and signed by himself, but which has no atrestiug witness ty
his signature, is not valid in Alberta.

The English Form of Will /Valid.

S. 1078. Testamentary form is not necessary to consti
tute a valid will provideg that the decument is executed in
accordance with the provisions of the English law. but the in-
tention of the deceased that the document shall operate after
his death must be clear.

S. 1082. Every will must be in writing and be signed ‘by
or on behalf of the testator and such signature must be made
or acknowledged in the presence of two witnesses at one time
except. that any soldier on acttve military service or marine

en, -

wna!

a4 LEGAL STATUS OF WOMEN OF ALBERTA
\
being at sea may dispose of his personal estate without writing..
S. 1083. There are no restrictions as to materials upon
which a will may be written, a will may be made or attested
in pencil as well as in ink, though pencil alterations are prima
facie deliberative. A printed or lithograph form may be used

‘or part of such. 3 “
§. 1085. A mark or initials are sufficient if intended to re-
- present a signature. , .

8. 1087. ‘A will thay be signed on behalf of the testator,
but such signature must_be_made-in-his"presence and on his
behalf.

§. 1088. Must be signed at, or after, or following, or
* under, or beside, or opposite the end of the will. No signa-
ture is operative, however, to give effect to any disposition
which is underneath or w hich follows it or to any disposition
or direction inserted after the signature has been made.

S. 1095. The witnesses must attest and subseribe the will |
in the presence of the testator. . ‘

S. 1102. Any beneficial devise, gift _Jegacy, ¢ estate to the
attesting witness or husband or wife of: such person, or any
person claiming under such will is null and void by the act
of attestation.

- §. 1114. Alterations made in a will after it has been signed
may be validated by a due acknowledgment of his signature
subsequently made by the testator.

8.1117. Marriage revokes a will. ’

S.1138. Cancelling is not now one of the modes of re-
vocation, (English Law, Halsbury, vol. 28.)

Estate tail abolished. (S. A. 1906, cap.'19, see. 9.)

See. 15. Any soldier being in actual military service or

marine or seaman being at sea may notwithstanding he is not

so
Card
, \ : yt

LEGAL STATUS OF WOMEN OF ALBERTA 35
—_—

ef the full age of twenty-one years dispose of his personal * wae
property in the manner in which he-might have under the pre-

visions of the law of England as it stood on the ldth of July.
1870. (Imp. 7 Will. IV. and 1 Vict. c. 26, s.°11.)----

(2) Any soldier, seaman or mariner in actual military or
naval service may dispose of his real and personal, property \
by a will signed by himself which will need not be in any par.
ticular form nor shall it require attesting witness or witnesses :

(3) This section shall be deemed to have been in forees
from and after August Ist, 1914. (S. A. cap. 19, 1906. as “.
amended 1917, cap. 3, sec. 39.) |!

CHAPTER VIL. ~ NN
INTESTACY. a «a
Devolution of Estates. 7.

An intestate estate is the estate of a person who has died
and not left a will to govern its distribution.
An Act was passed in 1915 vesting in His Majesty the
property of any one dying intestate without leaving any~next-
of-kin, or other person entitled thereto by thaw of atta
Section 2 of the Act provides for the Lieutenant Goverkor
in Council transferring or-restoring the same to any one who
had a legal or moral claim upon the person to whom the pro-
4perty belonged, or for carrying into effect any disposition
thereof which such person may have contemplated. (Gtatutes
of Alberta, cap. 5, 1915.) ’
31UAs td succession to property an infant adopted i iu
accordance with the provisions of this Act shall, in ease of
intestacy, take the same share of property of the parent by

36 } LEGAL STATUS OF WOMEN OF ALBERTA

adoption that he would take if born to. such parent in lawful
wedlock, and he shall stand in regard to the legal descendants
but to no other of the kindred of such parent in the same
position as if born to such parent in lawful wedlock.

32. Jf a person adopted dies intestate his property, ac-
quired by himself or by mift or inheritance from his parent
by adoption or from the kindred.of such parent, shall be dis.
tributed among the persons who would have bedn his kindred
if he had been born to such parent in lawful wedlock ; and pro-
perty received hy gift or inheritance from-his natural parents
or kindred shall be distributed in the same manner as if no
act of adoption had taken place.

(2) No person shall by being adopted lose his right to
inherit from natural parents or kindred.

' 33. Any: child, adopted elsewhere than in Alberta, and the 7

adopted parents of such child shall, in the case of intestacy.
have the same rights in respect: of the property of each other
in Alberta, that they would have if such property were situate
in the place of the said adoption, (Cap. 13, 1913. 2nd Ses-
sion:)

A man shall have the same r ghts‘ in the land of his de-
ceased wife as she has in his perso. al property. (Statutes of’
Alberta, 1906, cap. 19, see. 6.) —

Land in the Province shall go ito the personal representa: ,
tives of the deceased owner thereof and shall be dealt with
and distributed as personal estate. (Statutes of Alberta, 190¢.
eap. 19, sec. 2.) ° _

Intestate Succession Act, April 10th, *1920,
2. In this Act, save where the,context forbids—.
(a) ‘Intestate’? means any person dying intestate, either

; wholly or as to part of his estate; -

“

. . 7 ont
LEGAL STATUS OF WOMEN OF ALBERTA 37

(b) “Property”? means property distributable -by the

-exeeutor or administrator of a person dying intestate with

regard thereto, whether such property be all of his propert*

or not, and includes lands which shall go to the personal re-,

. presentative of the deceased owner thereof and shall be ded:

with and distributed as personal estate ;
(c) ‘Is living’’ or ‘‘are living’’ means is of are alive at

the date of the death of the intestate or subsequent thereto.

~~ (d) “Child” includes a posthumous child. : i os
, 3. If an intestate dies leaving a husband or wife (as the
case may be) then— " ,

(a) If. two or more children of the intestate are liviny,
one equal third part of the property shall be distributed to
the husband or wife;

(b) “If one child only is living, one half of the property
shall be distributed to the husband or wife;

(d) Ifa wife has left her husband and i is inte in adultery,

at the time of her husband’s death or has at any time lived
in adultery with another man, and such adultery has not been
condoned, no part of her husband’ s property shall be dis-
tributed to such wife; 7

“

at the time of his wife’s death or has at any time lived in
adultery with ahother woman, and such adultery, has not
been condoned, ho part of his wife’s property shall be dis-
tributed to such husband.

(2) Where any issue of a child is living, the property —

shall be distributed to the husband or wife as if such chill
were living at the date of the death of the intestate.
4. If an intestate dies leaving issue then, subject to the

(e) Ifa husband has left his wife and is living in adultery ,

38 LEGAL STATUS“OF WOMEN OF ALBERTA

rights of a surviving husband or wife, the property shall
be distributed among such issue per stirpes, and so that no
descendant of living issue of the intestate shall take any share
of the property.

5. All advances by portion made by a,person who diss
wholly intestate shall be brought into hotehpot in the dis-
tribution of the property.

6,..1f an intestate dies leaving no husband or'wife or issue
then the property shall be distributed 'to the father and the
mother of the intestate, if then living, in equal shares, and if
either of them is dead, the whole property shall be distributed
to the other.

7. (a) If an intestate dies leaving no husband, wife.
issue, father or mother, but leaving one or more brothers or
sisters, either of the whole or, of the half blood, the property
shall be distributed to such brother or sister or to such brothers
or sisters in equal shares.

(b)-If the intestate also leaves a child or children of a
deceased brother or sister, such child or children shall take
by representation the share his or their parent would take
if such parent w were alive at the date of the death of the intes-
tate, a

8. If an intestate dies leaving no husband, wife, issue
father, mother, brother or sister, the property shall be dis-
tributed in equal shares to the persons surviving him, who are

. next in degree of kindred to him.

(2) Such degrees of kindred shall be reckoned accordinsr
to the civil law, both upwards to the common ancestor and
downwards to the issue, each generation counting for a degree.

(3) No distinction shall be made between persons of the
whole blood and persons of the half blood.

9. If an illegitimate intestate dies leaving a husband. or

ae,

LEGAL STATUS OF WOMEN OF ALBERTA 39

wife or any issue, his property shall be distributed to the . -

person or persons who would be entitled to the property if
the intestate were not illegitimate.

(2) If an illegitimate intestate dies without issue and
without husband or wife, his property | shall be distributed ty
his mother.

(3) If the parents of a child born out of wedlock after-
wards intermarry, such child shall be thereby legitimised-

(4) Iegitimate children shall be entitled to take property
from or through their mother as if they were legitimate.

10. Any residue of the property of a deceased person not
expressly disposed of by his will, shall vest in -his executor
or executors as trusfee. or trustees for the person or persons
entitled under this Act to property distributable by an
executor unless it appears by the will or any codicil thereto
that the said exéeutor or executors were intended to take
beneficially. ; , |

11. Where any person being a child or other. issue of &
testator to whom any real or personal estate is devised or
bequeathed for any estate or interest not determinable at vr
before the death of such person dies in the lifetime of the
testator, and any issue of any such person is living at the tim¢
of the death of the testator, such devise or’ bequest shall not
_lapse, but shall take effect as if the death of such person had
happened immediately after the death of the testator, unless
a contrary intention appears by the will.

12. This Act shall apply only to the distribution of th»
property of persons dying after the enactment thereof.

Schedule of Repealed Enactments.

_ 1. An Ordinance—respecting the Devolution of Estates
(Chapter 13 of Ordinances, 1901) in its entirety.

“40 ~”s«LEGAL STATUS OF WOMEN OF ALBERTA

2. An Act respecting the Transfer and Descent of Land,
being chapter 19 of the Statutes of Alberta, 1906, sections 2,
11, 12, 18 and 14.

The Intestate Succession Act does ‘not eome into force until

‘June Ist, 1921, but with the exception of sections 6 and 7 (a)

all the other sections are covered until that date by the Ordin- ..

ance of 1901 and chapter 19 of the Statutes of Alberta, 1906.

4
Hl

CHAPTER VUL

GUARDIANS, TRUSTEES AND ADMINISTRATORS.

A woman may be a guardian, trustee and administrator
with the same legal rights and, liabilities as a man.

For duties and liabilitiés see C. O. 1915, cap. 119.

For the rights of parental guardianship see chapter .on
‘*Equal Parental Rights. ” . ot

With the exception, that a married mother’s consent, Gf
living) with that of the’ father’ s (if living) was necessary for
the adoption of a ehild’ (S. A. 1913, cap. 18, sec. 29,) a mar-
ried mother had no legal right-to her child: during the father’s
life time. (The Court, however, could give her. specified
privileges under certain cireumstances.)

In 1916 the Alberta Legislature made the mother’ $ con- |

sent as well .as the fatHer’s necessary to the marriage of a
minor, under eighteen years old. In 1920 the Alberta Govern-
ment passed an Act to provide for equal parental rights by

_amendments: tothe. Infants. Act_and-the-Devoluti on_of Estates

Act. This Act made the mother co-guardian with the father
with equal authority.
ow \

ios

aan oa

m~, : *h
~ \ 0

fst
5

“LEGAL STATUS OF WOMEN 0 LBERTA ee ) a

CHAPTER LX.

~ EQUAL PARENTAL RIGHTS.
An Act to dmend an ‘Act respecting Infants, and to pro-

RL
1

vide for equal Parental Rights; March 31st, 1920.

By amendments to the Infants Act of 1913 and the In-
testate Succession Act the Alberta Government has given to
the mothers of Alberta absolute equality with the father in the
eustody, control, education ahd guardianship of their..minor
children.

Every section in the Infants Act that referred to the
father only has been amended to inelude the mother.

That section from the English Act that permitted the
father to appoint a guardian for an unborn child has been re
pealed, as has the section that excluded a mother who had
been convicted of adultery from aecess to her child.

The new Intestate Suecession Act of 1920 gives the ‘hother
an equal share withthe’ fathesain the intestate estate of a son
or daughter predééeased without wife or husband or issue.

An amendment in 1916 to the Marriage Ordinance (C. 0.
cap. 46) made the consent of both mother and father necessary
to the marriage of a minor under 18 years of age. ¢onsent of

one parent either father or mother necessary to the marriage ;

of a minor over 18 years of aze and under 81 years of age
except where such minor is living apart from. ‘her parents and
earning his or her own Hiv elihood no consent is Becessary.

. The consent of the mother as well as that of the father
is necessary before an order for adoption shall be made. (In

~ fants Act 1913, cap. I3-)

In the case where there are two guardians of a child, pro-

aa ee —— ere ned te

42 LEGAL STATUS OF WOMEN OF ALBERTA

gnc
a .

yision is made in the case of a disagreement for an appeal te
the court. (Infants Act, see. 25 (5).) +

CHAPTER xX.

—

MOTHERS’ PENSIONS |

Mothers’ Allowance Act, 1919

Previous to the date of the passing of this Act a grant
of money. was made by the Alberta Government to provide
a fund for the relief ofmeedy mothers, the amount of relief
‘granted to be dependent upon the circumstances and need of
the mother. ‘

“ The importance of this work ‘soon became apparent and
necessitated further_legislation and prescribed organization.
To accomplish this, the Mothers’ Allowange \Act was passed.
‘The Act provides for the administration of the Act, the per

__ sons qualified to receive assistance, the appointment and duties

‘~of-inspeetors and the responsibility of municipalities. .

The inspector appointed to receive applications for assist-
ance shall investigate each case, and report to the Superin.
' tendent, who is the Provincial Supérintendent of the Depart-
ment of Neglected and Dependent Children. The superinten-
dent, if satisfied that the case is one coming under the provi-
sions of the Act, may make recommendations to the Attorney .
Ceneral é to the dmount of assistance that shouKl be granted.
When the recommendations are approved of by the Attorney
General the_ Woman may..be.paid out’ of-the -moneys appre-—
” priated by the Legislature for that purpose, the sum or sums
recommended. :
The Government is empowered to recover fromthe munt.

LEGAL STATUS OF WOMEN OF ALBERTA. 43

eipality in which the mother resides 50 per cent. of the money
expended by the Government.

See. 4. Any woman who is a widow (or the4wife of a
person committed to the Hospital for Insane under The Insan-
ity Act, and actually an inmate thereof) and who, having in
her custody a child or children under the age of fifteen years
in the case of boys and sixteen years in the case of girls, is
unable to take proper care of such child or children may, by
herself or through any person on her behalf, apply to an in-
spector of the city or town of which she is a resident for assist-
ance under this Act. -

This section was amended in 1920 ‘restricting the allow-
anee to widows and wives of insane persons resident in the

Province at the time of the passing of the Act, April 17th, 1919.
‘and to widows whose husbands were resident at the time of
their death and to wives whose husbands were residents at the
time of entering a hospital for the insane.

Sec. 12. For the purposes of this Act a woman shall be |
deemed a resident of the municipality whetsishe lives therein
and has habitually lived therein for a period of one year last

_past, ‘and in case of dispute as to residence the Superintendent,
shall decide, and his decision shall be final. ;

Sub-see. (2) A woman, having been a resident of any
municipality shall not be deemed to have ceased to be a resid-
ent thereof during such times as she shall remain in the Prov-
ince unless and until she shall have become a resident of some
other municipality under the provisions of the first subsection
of this section.

Sec. 13. The council of any city or town may appoint any
--person-or-any-association to inform-and. advise any_inspector.

See. 14 The Lieutenant Governor in Council may make
such rules and regulations as may be deemed necessary’

44 LEGAL STATUS OF WOMEN OF ‘ALBERTA

CHAPTER XI.

CHILDREN BORN OUT OF LAWFUL WEDLOCK.

“ The subsequent marriage of the parents of a child born
out of wedlock legitimizes such child. (S. A. 1916, cap. 3 also
Intestate Succession Act, sec. 9, 1920.)

In registering the birth of an illegitiniate child, it shall
not be lawful for the name of any person to be entered as.
the fatheRsunless at the joint request of the mother and the
person acknowledging himself to be the father. (5S. A. 1916,
eap. 22, sec. 17.) :

See. 1. Any person who furnishes food, clothing, lodgin#

a or other necessaries to any child born out of lawful wedlock.
may maintain an action for the value thereof against the father |
. : of the “eltitd, if the child was a minor at the time the. necessaries |

NBEO furnished, dnd was not then residing with his: “or her”

; ‘reputed father and maintained by him as a member of his
family. (Passed in 1903, 2nd session. C. O. 1915, eap. 118,
sec..1.) ” ws

‘The above Ordinance i is of little help to a poor unmarried
girl struggling to support her child, because Section three (3)

‘of the Act provides that no action shall he sustained unless ©
the mother while pregnant, or within six months after the
birth of her baby, did make an affidavit before a Justice of —
the Peace, that the person charged was the father of the child,
nor“unless she had deposited the affidavit within the time

- stated. with the_clerk of the. Supreme Court. = <7 OT

Sec. 5. This Ordinance shall not take'away or abridge any
‘ight of action or remedy which, without this Ordinance.

LEGAL STATUS:OF WOMEN OF ALBERTA 45

might have been maintained against the father of an illegiti-
mate child. (C. 0. 4915, cap. 118.)

Illegitimate children shall inherit from and-through the
mother as if legitimate.

_ The, mother of an illegitimate child, who dies intestate
without Assue, is the legal heir. (S. A. 1906, cap. 19, secs. 1d
and 14, also Intestate Succession Act, 1920, sec. 9.) a

If a person born ont of lawful wedlock dies intestate leav-
ing husband or wife or any issue his property shall be dis-
tributed to the person or persons who would be entitled to
the property of the intestate were he legitimate. (Intestate

“Suecession Act, 1920.)

For support of ilevitimate children see C. Code, see. 242b.
(1918, ec. 13.) i

Evidence that a man has in any way recognized his
children as being his children shall be prima facie evidence

_ that they are his legitimate children:

There is no distinction in the legal position of a perscn
born out of lawful wedlock and another person except in re-
spect of the recognition of relationships and the rights and
obligations connected therewith. (Hals., vol. 2, 739.)

. From his mother he acquires a domicile. (IJals., vol. 2.
742.)

Has no surname by inheritance but may acquire one by
reputation. (Hals., vol. 2, 741.)

The mother, as long as she is unmarried or a widow, is
bound to maintain: the child until 16 years of age, or if a
female, marries. (Hals., vol. 2, 748.)

The husband of any woman is bound to maintain her’

.— -IMegitimate—children—-born—before—marriage—until-the. age—of. --...- - -

sixteen years or the mother dies. (English Poor Law
Amendment Act, 1834. Eversley on Domestic Relations, 3rd
Edition, page 536.)

“

46 LEGAL STATUS OF WOMEN OF ALBERTA

CHAPTER XII.

FRANCHISE.
FEDERAL.

Dominion Election Act, 1920. .

See. 29. (1) Save as in this Act othérwise provided, every
person, male or female, shall be qualified to vote at the election
of a member, who, not being an Indian ordinarily resident on
any Indian Reservation— -

(a) is a British subject by birth or naturalization; and.

(b) is of the full age of 21 years; and,

(c) has ordinarily resided in Canada for at least twelve
‘months and in’ the Electoral District wherein such person
seeks to vote for at least.two months immediately preceding
the issue of the writ of election.

_ (ad) Provided however that any Indian who has served in
the Naval, Military or Air Forces of Canada in the late war
shall be qualified to vote, unless such Indian is otherwise dis-
qualified under paragraphs (a), (b) and (c) of this section.

(2) For the purpose of this Act, the allegiance or
nationality of a person, as it was at the birth of such person,
shall be deemed incapable of being changed, or of having been
changed, merely by reason or in consequence of ‘marriage or
change of allegiance or naturalization of any other person or
otherwise than by personal naturalization of such first mev-
tioned person. Provided, however, that this subsection shall .
not apply to any person born on the continent of North
America, nor to any person who in person applies to and ob-
tains from any judge having jurisdiction in naturalization pro
ceedings, a certificate under the hand of such judge.

aoe

Petree eet qaecugs . ,
a \ . .

“ne

LEGAL STATUS OF WOMEN OF ALBERTA 7

The certificate given states that the person named in the
certificate is a person naturalized as a British subjeet by opera-
tion, of law.

Personal registration is necessary to secure name ou
voters’ list except in case of sickness, ete.. another may regis
ter-for another by answering certain questions in-form 13 of
this Act.

Sec. 38. Except as in this Act otherwise provided any
British subject male or. female who is of the full age of 21
years may be a candidate at a Dominion Election” — 77 7

PROVINCIAL.

The Alberta Election Act.

Residence in Alberta for at least twelve months and three
months” residence in the Electoral Distriet where the voter
seeks to vote is one of the necessary qualifications of a voter.

No property qualification necessary.

Since the passing of the Equal Suffrage Statutory Law
Amendments Act in April. 1916, ireinen. in Alberta are upon
an absolute :equality with, and haye* the same rights and pri
vileges and are-subject to.the same penalties and disability
as men in the following Ordinances and Charters: The AlbSeta 1

Election Act, 1909; the Controverted Elections Act. 1907~ ”
The Town Act, 1911-1912; The Village Act, 1913: The Rural’

Municipality Act, 1911-1912: The Controverted Municipal
Elections Act, 1911-1912; The Direct Legislation Act. 191°:
The Municipal Cooperative Hail Insurance Act. 1915: An Act
_Tespecting the Legislative Assembly of Alberta 1909:.the Local
Improvement Act, 1907; the’ Agricultural Societies Ordinance.
Consolidated Ordinances of the North-West Territories, 1898:
the School Ordinance, Consolidated Ordinances of the North

West Territories. 1898: the Lethbridge Charter. 1913: an”

Nok
. Ra

48 LEGAL STATUS OF WOMEN OF ALBERTA

Ordinance to incorporate the City of Calgary, Ordinances of the
North-West Territories, 1893; the Edmonton Charter, 1913;
the Medicine Hat Charter, 1906, and dmendments thereto; an
Ordinance to incorporate the Town of Cardston, Ordinances
of the North-West Territories, 1901; an Ordinance to incor-
porate the Town. of Red Deer, Ordinances of the North-West
Territories, 1901; an Act to incorpora e the Village of Gull
Lake, Alberta, 1913; an Act to eel porate the City of

Wetaskiwin, 1906} an Act to incorpotate the Village ot :

Wabamun Beach,’1913 (Second Session) ; an Act. respecting

the Assessment in the Village of Lougheed, 1913; an Act re-
specting the Assessment and Collection of Tarcegzin- the Town |

of Stettler, 1913; an Act to incorporate the Village of Lake
View, 1913 (Second Session), and in amendments to these Acts.
Acts. ; 1

Rural Municipal Act.
(Name Changed to ‘‘Municipal District Act, 1918.’’)

Although the Equal Suffrage Act of 1916, section 2 reads:

“Notwithstanding any provision therein contained.
women shall be upon an absolute equality with and have the

- $ame‘rights and privileges and be subject to the same penal-

ties and disqualifications as men’’ in certain named Acts the

- Rural, Municipality Act, being among the number named;

The Municipal District Act of 1919, section 92 reads:
‘“‘The persons eligible for election as Councilors shall he
male resident electors of the municipality whg are of the full
age of twenty-one years, who can read and write and are
British subjects.’’ (1919, ¢. 52, s. 22.)

By an amendment in 1918 the names of the wife, husband,
son or daughter of any person whose name is on the voters’
list for the purpose of election of Councillors, but not other-
wise unless qualified apart from the provisions of this para-

~~ list.” Applications to be made from November Ist to December ~~

\ “ "LEGAL STATUS OF WOMEN OF ALBERTA 49°

“

graph, shall be deemed to be an elector, provided such wife.
husband, son or daughter, as the case may be, is a resident of
the municipal district and of the full age of twenty- one years
‘and provided his or her name has been entered in such lst
in the provision of clause 8, section 86 of this Act. Provided.
howéver, that in the event of a by-law: being. passed by a.
municipality under the provisions of subsection 2 of this see-
tion, the ratepayer has paid all the taxes due by him or her.’
(1918, cap. 4, sec. 43.)

An amendment in 1919 made it necessary for the persons

“named in the preceding paragraph to make application to

have his~or her name entered on the addition to the voters’

31st, both inclusive in each year.

to School Franchise.
The School Ordinance amended 1918 to include the hus-

‘band, wife, son, daughter or sister of any resident ratepayer

who is of the full age of twenty-one years and resides in the
same house as the residént ratepayer.
rc ann Wnts

CHAPTER XIII.
» . —_—
NATURALIZATION. 7
Naturalization Acts of 1914 and 1920.

The Imperial Naturalization Act, as assented to by the
Dominion Parliament, cap. 44, 1914, came into force in Canada,
June Ist, 1915. The two leading features of the Act are the
world-wide British Naturalization and the five years necess-
ary residence of aliens. This Act was amended in the 2nd°
sessiin of 1914 and repealed and replaced by an Act in 1919.

eh he.

a0 , LEGAL STATUS OF WOMEN OF ALBERTA

The Naturalization Act of 1920 repealed the Act of 1919

~and revised ‘the Act of 1914 with the amendments of the 2nd

session and further amended the Act of 1914.

‘Section 2 “repealed section 7 and substituted two new sec-

” tions 7 “and wr: Section 7 with its five subsections deals with

the revocation of a certificate of naturalization. Ta deals with
the effeet of the revocation upon. the status of wife and minor
children. Unless otherwise ordered by Governor in Council the |
nationality of the wife and minor children of pre person whose |
vertificate is revoked shall not be affeeted by the ‘revocation=
and they shall remain British subjects. : Provided. that— 7

Sub-sec. 1. (a) it shall be lawful for the wife of any‘ such
person within six months after the date of the revocation to
make a declaration of alienage, and thereupon she and any
minor children of her husband and herself shall cease to he
British subjects and shall become aliens; and, 7

(b) the Governor in Council shall not make any such order
as aforesaid in the case of a wife who was at birth a British
snbdject, unless he is satisfied upon the report of the Secretary
of State of Canada that if she had held a certificate of. natural-

' ization in her own right, the certificate could properly have beech

revoked under this Act.

Sub-see. (2) The provisions of this “section shall, as re-
spects persons affected thereby, have effect in substitution for
any other provision of the Act as-to the effect upop-tife wife and _
children of any person where the person ceases to be.a British. ,
subject, and such other provisions shall accordingly not apply ,
in any such ease. :

Natural-Born British Subjects.

See. 1. The following persons shall be deemed te be
natural-born British subjects.

- LEGAL STATUS OF WOMEN OF ALBERTA 61

(a) Any person born within His Majesty’s Dominious .

and allegiance; and,

(b) Any person born out of His Majesty's Dominions,
whose father was a British subject at the time of that person’s
birth and either was born within His Majesty’s allegiance or

ape . . . ats
was a person to whom a certificate of naturalization has been_~

granted, or had become a British subject by feason of- any

" annexation of territory, or was at the time of that person's

_ if born in a place where by tr
‘sufferance, or other lawful mea\s. IIis Majesti exercises juris-
_ dietion over British subjects.

birth in the service of the Crown.

~, (¢) Any person born in a British ship whether in foreign
territorial waters or not.
Provided that the child of a British subject, whether that
child was born before or after Ahe passing of this Act, shall
be deemed to have been born fithin His Majesty's allegiance

aty, capitulation, grant, usage.

(

1 Sub-see. 2. A person born én board. a foreign ship shall. .

-not’be deemed to be a British subject by reason only that the

ship was in British territorial waters at the time of his birth.

Naturalization of Aliens.
" See. 2. The Secretary of State of Canada may grant 4

Certificate of Naturalization to an alien who makes an applica-

tion for the purpose. ‘The qualifications necessary are:

Residence within His Majesty’s Dominions. for a period of

wh .
not less than five years or service under the Cruwn for the -

same period within the last eight years before the application ;
residence in Canada for not less than one year immediately
preceding ithe application and previous residence either in

Canada or in some part of His Majesty’s Dominions for a

period of..four -years- within the last eight years before the

application: good character; an adequate knowledge of the

’ exception see sedtion “o

520 LEGAL STATUS OF WOMEN OF ALBERTA

English or Frénch language; an intention, if a Certificate of
Naturalization is granted, either to. reside in Tis Majesty’s

- Dominions or to entér.or-continue in the service of the Crown.

No Certificate of Naturalization shall, before the expira-
tion of ten years after the termination of the war, be granted
in Canada to any subject of a country which at the time since
August 4th, 1914, was at war with His Majesty: but this pro-
vision shall not apply to a person who—

(a) having.served in His Majesty’s forces or in the forces
of His Majesty’s Allies or of any country acting in naval and
military co-operation with His Majesty was not discharged
‘from such service by reason of his enemy nationality, sympathy.
or associations. or’. —¢ _

(b) isa member ofa race or community known to be op-
posed to the enemy government; or

(d) was domiciled and had continuously resided in Canada
for a period of at least ten years’ immediately preceding July .
7th, 1919, and who establishes to the satisfaction, of the Secret °
ary of State of Canada that he has always during his residence
in Canada conducted himself as a good and loyal citizen and
that his allegiance to His Majesty will not be affected by
sympathy or association with the enemy state of which he was-
formerly a subject. ’ an

‘A person to whom a Certificate of Naturalization has been
granted has to all intents and purposes the status of a natural.
born British subject.

The requirements for a unmarried alien woman are the
same as those. for a man.

See. 23a) : xpression ‘disability’? means the status
of being a marrjed wontan, or a minor; lunatic. or idiot. For.
Status of Married Women.

LEGAL STATUS OF WOMEN OF ALBERTA 53

“2 National Status of Married Woman and infant Children. ~

See. 10. The wife of a British subject shall be deemed
to be a British subject, and the wife of an alien shall be deem-
ed to be an alien. Provided that when a.man ceases during
continuance of his marriage to be a British subject, it shali
be lawful for his wife to make a declaration that she desires
to retain British nationality and thereupon she shall be deemed
a British subject. (1914.)

At the end of preceding section (10) shall be added the
words: , .

‘And provided that when an alien is subject of a State
at war with His Majesty it shall be lawfnl for his w ife, if
she was at birth a British subject, to make a declaration that

pe desires to resume her British nationality and thereupon

/ the Secretary of State of Canada, if he is satisfied that it is
desirable that she be permitted to do so, may grant her a
Certificate of Naturalization.’’? (Sec. 3, sub-see. 5, 1920.) -

See. u A'woman who, having been a British subject, kas
by or in consequence of her marriage become an alien, shall
not, by reason only of the death of her husband, or the dis-
solution of her marriage, cease to be an alien, and a woman
who, having been an alien, had by or in consequence of her
marriage become a British subject, shall not by reason only (
of the death of her husband, or the dissolution of hermarriage.
eease to be a British subject. a *s

By ‘an a dment to sub-see. 5 of sec. 2 of the a
woman who'was \: British subject prior, to her marriage t< '
an alien and whose husband has died or whose marriage has A
been dissolved, when seeking to become again a British sub-
ject, is not required to comply with the regulation as to

residence.
ak ar

See. 12. “When a person being a British subject ceases

54 LEGAL STATUS OF WOMEN OF ALBERTA

wos

to be a British subject, whether by declaration or otherwise,
every child of that person, being a minor, shall thereupon

~ eéase to be a British subject, unless that child or that person

ceasing to be a British subject, does not become by the law of
any other country naturalized in that country.

Provided that where a widow who is a British subject
marries an alien, any child of hgts by her former husband shall
not, by reason only of her marriage. cease to be a British suh-
ject whether he is residing outside His Majesty’s Dominions
or not.

Sub-sec. 2 Any child who has ceased to be a British sub-
__ject_ may within one year_after_attaining his majority make a

declaration that he wishes to resume British nationality, and °

shall thereupon agaig become a British subject:

Minor children of an alien become naturalized by their
names and ages being endorsed on the Certificate of Natural-
ization of their parent. ant child not so named remains an
alien, but the Secretary of State may in any special case grant
a Certificate of Naturalization to any minor.

Any ‘minor becoming naturalized may within one year
after attaining. his majority make a declaration of alienage
and shall thereupon cease to be a British subject.

Status of Aliens.

Sec. 17. Real and personal property of every description

_ may be taken, acquired, held and disposed.of by an alten in the

same manner in all respects as by a natural- born British, sub.
ject ; and a title to real and personal property of every de-
seription may he derived through and from or in succession to
an alien in the Same manner in all respects.as through, from or
in succession to a natural-born British subject :

Provided that this section shall not operate so as to—

aoe

LEGAL STATUS OF WOMEN OF ALBERTA , 55

1. Qualify an alien for any office or for any municipal.
parliamentary, or other franchise; or

2. Qualify an alien to be an owner of a British ship; or

3. Entitle an alien to any right or privilege as a British
subject, except such rights and privileges in respect to pro
perty as are hereby expressly given to him; or

4. Affeet an estate or interest in real or personal pru-
perty to which any person has or may becomé entitled either
mediately or immediately, in possession or expectancy, in
pursuance of any disposition made before July 4th, 1883. or iu
pursuance of any devolution by law on the death of any person
dying before that date.

e
i

CHAPTER NIV.
FACTORY ACT.
Passed 1917, Amended 1918, 1919, 1920. © _
Sec. 16. The provisions of this Act shall’apply to shops.
offices and officé buildings in cities and ‘towns having a popula-

__fion exceeding five thousand and to all factories in the Prov-

inee.

Sections Affecting Women.

“See. 17. Male or female inspectors may be appointed.

See, 2. (0) ‘‘“Woman”’ shall mean a female person of 15
years ofage. and upwards.

Sec. 24. (3) No woman, except by special permission of
an inspector in ‘writing, shall be employed in any factory.’
shop, office or office building between the hours of 11 p.m. and
7 am. of the following day. (1918.)

oo _
f

56 LEGAL STATUS OF WOMEN OF ALBERTA

Sec. 25. In any shop in which women are employed the
employer shall at all times provide and keep therein a sufficient
and suitable chair or seat for the use of every such: woman
employee permanently employed, and shall permit her to use
such. chair or seat when not necessarily engaged in the work or
duty for which she is employed: .

Sec. 26. Regulates the time of day, the number of t hours

. per day that an employee may ‘work.

See. 26(a) 1920 enstitutes a minimum wage board, called
‘‘ Advisory Committee.’

Sec. 29. Where a woman is employed in a tactéry or
‘shop i in which there is a contravention of any of the provisions
df sections 24 to 27 inclusive, or of ‘section 28, or of-any per-
mission given under section 25, or’ ‘of any regulations made
under section 28, such woman shall be deemed to be unlaw-
fully employed and so that her health is likely to be injured.

‘Sec. 30. Separate closets must be provided for male and
female employees, one closet for 25 persons, of each sex em-
ployed with ‘ai clearly printed sign indicating for which Bex
thé closets are provided.

See. 36. No public laundry work shall be done in a room
used for a sleeping or living room or in a room used for cook-
ing or preparing meals.

See. 6. Every shop, building or room in which one or
more persons are employed in doing public laundry work by
way of trade or for the purpose of gain shal} be deemed a
factory to which this Act applies.

(2) This section shall not apply to a dwelling in whith
a female is engaged in doing custom laundry work at her hone

for a regular family trade. oy

Sec. 40. Women in a factory shall ‘during v working hours,
wear their hair rolled or plaited, .and fastened securely to
~ So REL pe

“s.

LEGAL STATUS OF WOMEN OF ALBERTA 57

their heads or confined in a close fitting cap or net so as to
avoid contact with machinery or material handled.

Sec. 41. A woman shall not be allowed to clean such
parts of machinery in a factory as is mill-gearing while the
same is in motion. -

Sec. of. The parent of any child employed in contraven-
tion of this Act unless such employment is without the con-
sent, connivance or wilful default of such parent, shall for each
offence incur a penalty of not more than $50.

Sec. 2. (b)‘‘ Child’’ shall mean a pergon under the age
of fifteen years.

CHAPTER XY.

EXTRACTS FROM THE CRIMINAL CODE.

an offender is ignorant of the law is not
an excuse ‘for any offence committed by him.

Sec. 294. The consent of a child under 14 years’ is no
defence to a charge of indetent assault upon cither male or
female children.

~ Rape.

Sec. 298 sub-sec. (2) 1915. No one under the age of 1!
Years can commit this offence.. .

Sec. 299. Every one who ‘commits rape is euilty of an
indictable offence and liable to “suffer death, or to imprison-
ment for life.

See. 300. Every one is guilty of an indictable offence and

58 LEGAL STATUS OF WOMEN OF ALBERTA

liable to seven years’ imprisonment and to be whipped who
attempts to commit rape. ;

Sec. 301. Every one is guilty of an indictable offence
and liable to imprisonment for life and to be whipped, who °
earnally knows any girl under the age of fourteen years, not
being his wife, whether he believes her to be of or above that
age or not.’ ,

(2) Every one is guilty of an indictable offence and liable
to imprisonment for five years who carnally knows any girl
of previously chaste character under the age of sixteen and
above the age of fourteen. not being his wife and whether he
believes her tp be above the age of sixteen years or not. No
person accused of any offence under this subsection shall be
convicted upon the evidence of one witness, unless such wit-
ness is corroborated in some material particular by evidence
implicating the aecused.

Sec. 302. Every one who attempts to have unlawful car-
nal knowledge of any girl under the age of fourteen years is
guilty of an indictable offence and liable to two years’ im-
prisonment, and to be whipped.

Abortion.

See. 308. Every one is guilty cf an indictable offence
and liable to imprisonment for life who, with intent to pro-
‘ eure the miscarriage of any woman, whether she is or is not
with child, unlawfully administers to her or causes to be
taken by her any drug or other noxious thing. or unlawfully
uses any instrument or other means whatsoever with the like
intent.

See. 804, Every woman is guilty of an indictable of-
fenee and liable to seven years’ imprisonment who, whether
with child or not, unlawfully administers to herself-or permits
to be administered to her any drug or other noxious thing.

LEGAL STATUS OF WOMEN OF ALBERTA 59

y unlawfully uses on herself or permits to be used on her
ny instrument or other means whatsoever with intent to
‘ /procure miscarriage. a

Sec. 305, Every one is guilty of an ‘thdictable ‘offence’
and liable to imprisonment, for life who causes the death of
plies or procures any drug or other noxious thing, or any:
instrument or thing whatsoever, knowing that the saine is
intended to be unlawfully used or employed with intent to
procure the miscarriage of any woman, whether she is ‘or is
not with child.

Sec. 306. Every one is*guilty of an indictable offence
and liable tg imprisonment for life who causes the death of
any child witich. has not become a human being, in such a
mannerthat he would have been guilty of murder if such
child had been born.

See. 207, _Civery one is ‘guilty of an indictable offence
and Hable to “two years’ imprisonment who:knowingly, with-
out lawful justification or exeuse—

(ec) Offers to sell, advertise, publishes an advertisement
of, or has for sale or disposal any means or- instructions
or any medicine, drug or article intended or represented as
a means of preventing coriception or of causing abortion or
miscarriage; or advertises or publishes an advertisement of
any m¢ans, instruction, medicine, drug or article for restoring
sexual virility or curing venereal diséase or diseases of the
generative organs.

Neglected in Childbirth and Concealing of Dead Body.

ree

See. 271. Every woman is guilty of an indictable offence’

who with either of the intents hereinafter mentioned, being,
with child and being about to be delivered, neglects to rod
vide reasonable assistance in her delivery, if the child is per-
manently injured thereby, or dies, either just before or during.

’

60 , LEGAL STATUS OF WOMEN OF ALBERTA

or shortly after birth, unless she ‘proves that such death or
permanent injury was not. caused by such neglect,’ or by any
wrongful act to which she was party, and is liable—

(a) If the intent of such neglect be that the child shall
not live, to imprisonment for life.

(b) If the intent of such neglect be to conceal the fact
of her having had a child, to imprisonment for seven years.

See. 272. Every one is guilty of an indictable offence
and liable to two years’ imprisorment who disposes of the
dead body of any child in any manner, with intent to conceal
the fact that its mother was delivered of it. whether the child

died before or during, or after birth.

Seduction.

Sec. 210. The burden of proof of previous unchastity
on the part of the girl or woman under’ the three next suc-

‘ceeding sections shall be upon the accused. (Passed "April

4th, 1900.)

See. 211, “Every one over’ the avé of eighteen years
is cuilty of an indictable offence and liable to two years’ im-
prisonment who seduces any girl of previously chaste ‘charac-
ter of or above the age of sixteen years and under the age of
eighteen years. Proof that a girl has on previous occasions
had illicit connection with the accused shall not be deemed

evidence that she was not of previously chaste character.
(1920.) . ;

See. 212.. Every one, above the age of twenty-one years.
is guilty of an indictable offence and liable to two years’
imprisonment who, under promise of marriage, seduces and
has illicit connection with any unmarried female of previously
chaste character, and under twenty-one years of age. ”’

LEGAL STATUS OF WOMEN. OF ALBERTA Sl

See. 213. Every one is guilty of an indictable offence
and liable to two years’ imprisonment—

(a) who, being a step- parent or foster-parent or guardian
seduces or has illicit connection with his stepehild or foster:
ehild or ward (1917) ;

(b) who seduces or has illieit conneetion with any grr!
previously chaste and under the age of twenty-one vears why
is in his employment, or who, being in a commen, bUt net
necessarily similar, employment, with him is. in respeer of
her employment or work under or in any way subjeet to his
control or direction, or receives her wages or salary directiy
or indirectly from him. Proof that a girl has on previous’
deeasions had illicit connection with the aceused shall not be
deemed to be evidence that ‘she was not previgusly vhaste

‘

See. 214. _ Every one is guilty of an indietable offence
and liable to a fine of*four hundred dollars, or to one year’s
imprisonment, who, being the master or other officer or a
seaman or other person employed on board of any vessel.
while such vessel is in'any water within the jurisdiction of the
Parliament of Canada, under promise of marriage. or by
threats, or by the exércise of his authority, or by solicitation.
_or the making of gifts or presents, seduces and has illivit eon.
4 “nection with any female passenger.

(2) The _ Subsequent intermarriage ot the seducer and

for any offence against this 0 or either of the two oreo:
sections, except in the case of a guardian seducing his wand.

See. 215. Every one who. being the parent or cuantian
‘of any girl or woman, who—

(a) Proeures such girl or woman to have carnal‘ een-
-hection with any man other than the procurer: or,

(b) Orders. is party to. permits or knowingly receives

62 LEGAL STATUS OF WOMEN OF ALBERTA

the avails of the defilement, seduction or prostitution of such
virl or Wwoman— os

is guilly of an indictable offenée, and liable to fourteen
years’ imprisonment, if such girl or woman is under the age
of fourteen years, and if such girl or woman is of or above
the age of fourteen years to five years’ imprisonment.

Sec. 217, Every one who, ‘being the owger or occupier
of any premises, or having, or acting or ‘assisti in the man-
agement-or control thereof, induces or knowmgly siffers any
girl under the age of eighteen years to*resort-to or be in or
upon such premis@s for the purpose of being unlawfully and
carnally Known by any man, whether such carnal knowledge

--is intended-to -be-with-any~ particular-—man, or~generally; is~

euilty of an indictable offence, and is liable— .
(a) To‘ten years’ imprisonment if such girl is under the
age of fourteen years; 7

(b) To two years imprisonment if such girl is of or above

the age of fourteen years-.
Qe .

Sec. 218. Every one is guilty of an indictable offence’
and liable to two years’ imprisonment who conspires with any
other person by false pretences, or false representation, or
other fraudulent means to induce any woman to commit adul-
tery or fornication.

Sec. -219. Eyery one is guilty of an indictable offence
and liable to four years’ imprisonment who unlawfully and
“earnally knows, or attempts to have unlawful carnal know-
ledge of any female idiot or imbecile, insane or deaf and dumb
woman or girl under circumstances which do not amount to
rape, but where the offender knew, or had good reason to be-
lieve at the time of the offence, that the woman or girl was
an idiot. or imbecile, or insane, or deaf and dumb. -

'
1

LEGAL STATUS OF WOMEN OF ALBERTA 63

Additional Protection for Indian Women, Irrespective of Age.

Sec. 220. Every one is guilty of an indictable offence
and liable to a penalty not exceeding one-hundred dollars
and not less than ten dollars, or six months’ imprisonment—

(a) Who being the keeper of-any house, tent or wigwam,

, allows or suffers- ~any unenfranchised Indian “woman to be or
remain in such house, tent or wigwam knowing or having
probable cause for believing that such Indian woman is in or

Sfomains j in such house, tent or wigwam with the ‘intention of
prostituting herself therein ; or

(b) Who, being an Indian woman, prostitutes herself
therein; or,

(c) Who being an unenfranchised Indian womam keeps.
frequents or is found in a disorderly house, tent or wigwam
used for any such purpose,

2., Every person..who appears, acts or behaves as mas-

ter or mistress, or as the person who has the care or manage. |

ment of any house, tent or wigwam in which any such Indian
Woman is or remains for the purpose of prostituting herselt
therein is deemed to be’ the keeper thereof. notwithstanding
he or she is not in fact the keeper thereof. .

Abduction.

Sec. 313. Every one is guilty of an indictable offence a'v
liable to two years’ imprisonment who, against her will, takes
away or detains any woman of any age and whether married
or not, With intent to marry or carnally know such woman or
to cause her to be married or carnallyskhown by any other
person.

Sec. 314. Every one is guilty of an indictable offenee and
liable to fourteen years’ imprisonment, who with intent to
marry or carnally know any woman, or with intent to canse
‘any woman to be married or carnally known by any other

’

G4 LEGAL STATUS OF WOMEN OF ALBERTA

person, such woman having any interest, legal or equitable.
present or future, absolute, conditional or contingent, im any
real or personal estate, or being presumptive heiress or co-
liciress, or presumptive next-of-kin, to any one having such
an interest. cot

(a) From motives of lucre takes away or detains such
woman against her will, whatever the age of such woman.

(b) Fraudulently allures, takes away or detains such
woman out of the possession and against the will of her father
or mother or other person having lawful care or charge of
her, such woman being under the age of twenty-one years.

Sub-section 2 of this section bars the person abducting
or detaining, from taking any estate or interest, legal or equit-
able, in the real or personal property of the woman abducted
«or detained.

See, 315. Every one is guilty of an indictable offence
and liable to five years’ imprisonment whogpalawfully takes
ar causes to be taken any unmarried girl, who is under the
age of sixteen years, out of the possession and against the
will of her father or mother, or of any other person having
the lawful care or charge of her.

2r It is immaterial whether the girl is taken with her own
consent or at her own suggestion or not. .

3. Tt is immaterial whether or not the offender believed
the girl to be of or above the age of sixteen. ; ,

Sec. 294. It is no defence to a charge or indictment for
any indecent assault on a young person under the age of

fourteen vears to prove that he or she consented - to the act
of indecency. °

~£ Procuring.
Sec. 216: Every one is guilty of an indictable offence
and, shall be liable to ten years’ imprisonment and on any

Sen

» : ~

LEGAL STATUS OF, WOMEN OF ALBERTA 65
(

second or subsequent conviction shall also be liable to be whip-
-ped in addition to such imprisonment, who—

(a) procures, or attempts to procure or solicits any girl
or woman to have unlawful carnal connection within or with-
out Canada, with any other person or persons; or

(b) inveigles or entices any woman or girl not being a’
common prostitute or of known immoral character to a com-
mon bawdy or assignation. house for the purpose of illicit inter-
course or prostitution ; or

(ce) knowingly conceals any woman or girl in any com-
mon bawdy or assignation house, or
(d) procures-or attempts to procure any woman or girl
to become, either within or without Canada, a common pros-
titute; or
(e). procures or attempts to procure any woman or girl
-, to leave her usual place of abode in Canada, such place not .
being a common bawdy house. with intent that she may be-,
come an inmate or frequenter of a'common bawdy house within
‘ or without Canada; or®
-(£f) on the arriva] of any woman or girl in Canada,
directs or causes her to be directed, takes or causes her to be ‘
taken, to any common bawdy house or house of assignation: Lo
or to leave Canada; or

(g} procures any woman or girl to come to Canada, for
” the-purpose of prostitution; or | . ;
(h) by thteats or intimidation, procures or attempts to
procure any woman or girl to have any unlawful earnal con-
nection, either within or without Canada ; or ,
(i) for the purposes of gain, exercises control, direction,
or influence over the movements of any woman or girl in :
such a manner as to.show that he is aiding, abetting or com-
pelling her pfostitution with any person or generally; or

s
a bay

: _
. f Js ways

k
66 LEGAL STATUS OF WOMEN OF ALBERTA

(j) by false pretence or false repfesentations procures
any woman or girl to have any unlawiul carnal connection,
either within or without Canada; or “

._, (kK) applies, administers to, or causes to be faken by any

ae . woman or girl any-drug, intoxicating liquor, matter or thing

with: intent te.stupify or overpower so as thereby.to enable

> aly “person to-have unlawful carnal connection with such
woman or girl; or

(1) being a male person, liyes wholly or in part on the

earnings of prostitution. -St-4.° ;

2, Where'a male person if proved to live with or to be
habitually in the company of a prostitute or prostitutes, and
has no visible ricans of support, or lives in a house‘of prostitu-
tion he shall, tinless he can satisfy the court to the contrary be
deemed to be living on the earnings of prostitution. Also
section 238. sub-section (1.)

‘Disorderly.Houses. .
| , The effort of the Dominion Government to effectually sup-

i. press disorderly houses is seen in the amendments to the
Criminal Code in 1909, 1910, 1918, 1915,°1917 and 1920.

Sec. 225. A common bawdy house is a house, room, set
of rooms or place of any kind kept for purposes of prostitution,
or for the practice of acts of indecency or occupied or resorted
to by one or more persons for such purposes. (1917.)

Sec. 774. Gives absolute jurisdiction to the magistrate in
respect to Houses of ill fame. . -

Sec. 230. ‘Every one guilty of an offence and liable. ov.
summary conviction before two justices, to a penalty not ex-
ceeding one hundred dollars and to six months’ imprisonment
with or without labour who prevents or obstructs the entry.
of an authorized. officer to a disorderly house.

c .
- 7 8 wht.
4 Neo

LEGAL STATUS OF WOMEN OF ALBERTA . 67

Sec. 228. The liable penalty for keeping a disorderly
house is one year’s imprisonment.

2. Any one who appears, acts and behaves as the keeper.
manager, etc., to be considered the keeper. (1913.)

a2
’at-

See. 288a. Making fle landlord guilty, if his premises |
are used as a disorderly , house, “and- if-after“conviction of his
tenant as keeper, a second offence as to tenancy is committed,
the landlord, lessor or agent, is to be considered a keeper of a
disorderly house. (1913.)

Sec. 229. Every one found without lawful excuse in a
disorderly house, liable to a fine of $100.00, and in default of
payment, to two months’ imprisonment. (Sec. 299, C. Code,
1913.) :

Sec. 229a. An inmate of a common bawdy house is euilty
of an indictable offence and liable te a fine of $100.00, ‘and
costs, or in default of payment to imprisomment not exegeding
two months or to imprisonment*not exceeding twelve months.
Any one egnvicted under sections 228 and 229a three or more
times shall be liable to imprisonment not less than three months:
and not exceeding two years. (1915.) ‘ ,

Sec. 713 “déals with summary trials for—

. (d)- indecent assault on a male child under 14 years and
an indecent assault upon a female not amounting to attempted
rape; and _

(f) with keeping a disorderly house under section 228,
or with being an inmate of a common bawdy house under
section 229a.

See. 781. In any easegapmmarity tried under paragraph:
(e), (d), (e), (£), or (g) Ssection 773 the magistrate may
commit the person charged to imprisonment not to exceed
six months or condemn him to pay a fine not exceeding with

63 LEGAL STATUS OF WOMEN OF ALBERTA

eusts of case $ $200. 00. or to both fine an inprisonment not ex-'
ceeding sum and term. (1913.)

For responsibility for support of wife and children see
chapter on Marriage—sections of Criminal ‘Code, 242, 242a,
P42b, 242¢.

Seetion 781, as amended by cap. 13, 1918, is amended by
adding the following sub-section immediately after sub-section
i: | -

‘*(la) The provisions of seetion 1035 shall not apply or
extend*to any pers vonvicted more than twice under said
paragraph (f) of secffi 773 for keeping a common bawdy
house, or, of keeping a common bawdy house if such offence’
was committed in any premises with respect to which premises
more than two convictions have been made. whether the same
person has been convicted as keeper thereof or not, and any

. such person so convicted shall not in either case be sentenced
to less than three months’ imprisonment. nor shall any sen-
tence imposed in-either of the cases be suspended under the
provisions of section 1087 without the concurrence of the
counsel acting for the Crown in the prosecution | of the of-
fender." (1920.) \

Section 1035 deals with fines in lieu of other punishments
on the trial of any offence against sections 211, 213 and 301 as
amended in 1920.’the trial judge may instruet the jury that
if in their view the evidence does not show that the accused
is wholly or chiefly to blame for the commission of said of-
fenee, they may find a verdict of acquittal. ;

" ‘See. 1008. If sentence of death is passed upon a woman
she may, move in arrest of execution on the ground that she is
pregnant. ; ;

« 2 Tf such motion is made the court shall direct one or
more revistered medical practitioners to be sworn to examine

‘the wwoman in some private place, either together or successive-.

f a . oy

LEGAL STATUS OF WOMEN OF ALBERTA 69
a
ly, and to inquire whether she is with child of a quick child or
not. ,
3. If upon the report of any of them it appears to the
court that s. she is so with child. execution shall be arrested until
she is delivered of a child, or until it is no longer possible in.
the course of nature that she should be.

See. 1009. Jury of matrons abolished substituted by
regulations in section 1008. ~

CHAPTER XV1.

\ VENEREAL DISEASE. _—, :

yo
”

See. 316a (1) Any person who is suffering from venta
disease in a-cqmmunicable form, who.knowingly or by culpable

: negligence communicates such venereal disease to any other

person’ shall be guilty of an offence, and shall be liable upon
summary conviction to a fine not exceeding $500.00 or to im-
prisonment for any “berm not exceeding six months. or to both
fine and imprisonment.

Provided that a person shall not bé convicted under this
section if he proves that he had reasonable grounds to be-
lieve that he was free from venereal disease in a communicable
form at the time the alleged offence was committed.

Provided also. that no person shall, be convicted of any
offence under this section upon the evidence of one witness.
unless the evidence of such witness be corroborated in some
material particular by evidence implicating the accused.

(2) For the purpose of this section ‘*veneredl disease”’
means syphilis, gonorrhea, or soft chanere. (C. Code. 1919.),

In 1918 the Alberta Government’ passed The Venereal
Disease Prevention Act. In 1919 this Act was amended by

70 LEGAL STATUS OF WOMEN OF ALBERTA

substituting the word ‘‘board’’ for provincial health officer
wherever it occurs, and by striking out the word ‘‘shall’’ in

the 3rd line of sub-section 4 and substituting ‘‘may.’’
e
Seetion 8, subsection 1: By striking out the said sub-
section and substituting therefor the following:

“8. Every person, who, with intention to recommend or
suggest the purchase . of or to promote the sale’ of any article
ag a drug, medicine, appliance or instrument or as part of
any treatment for the alleviation or cure of any verereal
disease or of any. disease or affection of the genito-urinary
organs or intended to convey an offer to give or pregeribe
any ‘form of treatment for any of the aforesaid diseases—

“‘(a) ‘Publishes or causes or allows to be published in a
newspaper or magazine or other periodical publication any
notice, advertisement, statement, testimonial, letter or other
matter ; .

‘*(b) Issues or publishes or causes to be issued or publish-
ed any book, almanae, pamphlet, ‘fly-shect, document or other
matter ; 1

‘‘(@) Posts up or exhibits in any place so as to be visible
to persons being in or passing along any street, highway, rail-
way or public place, any notice, statement, advertisement, testi-
monial, letter or other matter; .

“*(d) Distributes, circulates or delivers or sends by post
to any person any pamphlet, circular, notice, statement, ad-
vertisement, testimonial, letter or other matter—
shall incur a penalty of not more than $500.00 and in default
of immediate payment thereof shall be imprisoned for a period
not exceeding twelve months.’

Amending. section 12.

LEGAL STATUS OF WOMEN OF ALBERTA 71

By adding immediately after clause (1) the following
elauses:

‘(m) Providing for the procedure relative to arrest, de-
tention, isolation, examination, quarantine, treatment or ' pre-
vention of infection from any person; .

‘*(n) Providing for the giving under the provisions of
this Act to magistrates; executive officers of the board, medical
officers of health, or other persons duly appointed under The
Poblic Health Act or this Act to do any act or thing which
invthe opinion of the board may be in the interest of public
health; -

‘‘(o) Providing in the case of any person or class of
persons ‘as to who shall bear the expense in connection with
the carrying out of the provisions of this Act with regard
to such person or class of persons; uo

*“(p) Prescribing the functions, duties and jurisdiction
of local boards and medical officers of health in cities, towns,

villages and municipal districts, under the provisions of this -~

Aet; .

‘*(q) Prescribing the duties of jthe corporation of eyery
city, town, village and municipal district with regard to the
supplying of funds for the carrying out-of the work of its
local board or medical officer of health, under the provisions
of this Act;

‘*(r) Providing for the division of the responsibility for .-

and bearing expense of the carrying out of the provisions of
this Act, or regulations by the various health districts or
the provincial government. ” .

Sec. 16. Words signifying the masculine shall be taken
also to include! the feminine.

; CHAPTER XVIL

MISCELLANEOUS.

Imprisonment of ‘Women.
Female convicts shall be kept in @ separate ward from
the’ male convicts and shall be under. ‘the charge of a matron
with such and so many female offi¢ers” as the Minister of
Justice orders to be employed. (The Penitentiary Act, R. S.
of Canada, c. 147.)

Disqualification of Sex. ;
A woman may not homestead unless she is the“Sdle head
ofa family. (Dominion Lands Act, 1908, ¢. 20.)
- A woman may, not serve on juries. (C. O. 1911, cap. 228,
sec. 1.) ‘
A woman is exempt from militia service. (R. S. of
Canada, 1906, cap. 41, sec. 10.)

A Woman Not Permitted to Serve Liquor in a Hotel.
Any hotel licensee who knowingly allows any male under
the age of twenty-one years or any female to dispose of any
form of intoxication on the premises for which such license is
‘S. granted shall be liable to all penalties provided for in this
section provided that this shall not apply to female licensees

‘ or the wife of a licensee. (C. 89, C. O., 1915.)

A woman may not-bée punished by the Court by whip-
ping. (C. Code, 1900, 957, (4) R. S. of Canada, C. 181, s. 30.)
A married woman has no individual nationality. For ex-
ception, see chapter XIII,

3
“Insurance for Wife and Children.
Life Insurance for the benefit of wife, or wife and child-

LEGAL STATUS OF WOMEN OF ALBERTA 13

ren, or any of them, shall be deemed a trust for the benefit
of, wife, or wife and children, or children, and the money pay-
able under the policy shall not be subject to the control of the
husband or his creditors, or form part of his estate; but the
insured may by an instrument in ‘writing attached to or en-
ddrsed on or identifying the policy by, number or other-
wise, vary the apportionment previously Seat ae. among the
preferred beneficiaries. (C. O. 1911, cap. 119, sec. 4, 5.)

A woman may insure her life for her own estate, may in-
sure the life of her child, of her husband, or any other person -
in whom she has a pecuniary interest in the duration of ‘flat
person’s life. ~ a

No contract of insurance is valid on the life of al t child
under one year of age.

When a part or the whole of an insurance is designated
to one or to several of the preferred beneficiaries, the amount
designated is in the nature of a trust and so long as any ob-.
ject of the trust remains, the money shall not be subject to the
control of the assured or of his creditors or form part of. his
estate except in so far as the assured may by declaration vary
the amount designated among the perferred beneficiaries.

‘‘Preferred beneficiaries’? means the husband, wife, child.
grand-child or mother of the assured.
(The Juife Insurance Beneficiaries Act, S. A. cap. 25, 1916.)

By an amendment of section 7 an assured person not
twenty-one years of age but over fifteen years of age may
from time to time borrow from the insurer on the security of
the contract such sums as may be necessary to keep it in force
and the same shall be.so applied, and on such terms and condi-
tions as may be agreed upon; and the sums so borrowed with
such interest as may be agreed on, shall be a first lien on the
contract and on all moneys payable thereunder. (S.A. cap. 40,
1917.) ° .

74.” ~=LEGAL STATUS OF WOMEN OF ALBERTA

By another amendment a man who is assured may’ by
appHeation to a Judge of the Supreme Vourt, if his wife is
to alimony and who is a preferred: beneficiary in an insurance .
on his life, secure a declaration“by the judge that such wife is
disentitled: to the benefits of this Act. (S. A. 1918, ¢. 4. s. 52.)

Domicile,

A married woman’s legal domicile is the domicile of her
husband; and uwiitil she is judicially separated from him, she
has no other in the eye of the law. The domicile of a woman
at the moment of marriage is the same as the domicile of her

“husband. . (English Law, Halsbury, vol. 28, see. 117.) This fact

has consequence upon a woman obtaining a divorce elsewhere
that will be recognized rons Courts in Canada.

‘Slander. -

th an action for defamatory words spoken of a woman
imputing unchastity or adultery, it shall not be necessary to
allege in the plaintiff’s Statenient of Claim, or to prove that
special damage resulted to the plaintiff from the utterance of
such words, and the plaintiff may recover damages without
averment or proof of special damages. (S. A. 1913, cap. 12.
see. 17.)

This Act. repealed the North-West Territory Act, relating

_to slander. (Cap. 30 of C. 0.. 1898.)

See also chapter on Marriage section on ‘‘torts.”’

Corrusting Children. ..

“See, 220b. (1) Any person who in the home of a child
by indulgence i in sexual immorality, in habitual drunkenness
or in any other form of vice, causes such child to be in danger
of being or becoming immoral, dissolute or criminal, or the

“

LEGAL STATUS OF WOMEN OF ALBERTA i)

morals of such child’ to be injuriously“atfeeted. or renders the
home of a child au.untit place for such child to be in, shall be
liable, on summary couviction, to a fine not egeeeding five
hundred dollars or to huprisonment for a period not excesding
one year or to both fine and imprisonment.
' <9) For the purposes of this seetiou, “child” means a
boy or girl apparently or actually ander the age of sixteen
years, ,
(3) It shall not be a valid defence to a prosecution +
under this section that the ehild is of teo tenter years | TO
understand or appreciate the natute of the act complaines
of or to be immediately affected thereby.” .
(4) No prosecution shall be instituted under this sgetion
unless it be at the instance of some reeornized soeiety for the
proteetion of children or an officer of a Juvenile COUrE, witheut
the authorization of the Attorney General of the Province is
which the offence is alleged to have been committed. nor skal
any such prosecution bé commenced after the expiration of
six months from the time of the commission of the alleged
offence. ss - ° ,

\
MINIMUM WAGE. |

In 1919 by a new section 26a in the Factory Aet th Let
Lieutenant Governor in Council may appelit in every eity o7
town having-a population exeeeding five thousand an Ad-
visory Committee to recommend to the chief ‘inspestor revo:
mendations respecting hours of labour and wages at whick
any female person may be employed. °

This was amended in 1920 as follows:

The Lieutenant Governor in Council shall appoint five
persons, of whom two shall be representative of employers
and two of employees, and a fifth to be nominated by the At-

» sociation of Graduate’ Nurses’’ to ‘‘ Alberta ‘Asso

76 LEGAL STATUS OF WOMEN OF ALBERTA

’ torney General; who shall constitute an advisory. committee,

whose duty iteshall pete investigate and determine the amount
that shall be paid as-a minimum wage to any person under
eighteen years of age and‘ to-any female person employed
in any factory, shop, office or. office building to which this Act
applies, and also the number of hours per day per week dur-
ing which any person shall be required to work in any place,
and also to determine what number or proportion of the em-
ployees in any shop or factory, office or office building may
be apprentices. Such committee shall have power to call wit-
nesses, examine them under oath, and to compel the produc-
tion of such documents and things as may be necessary. The
committee shall from time to time report to the Lieutenant
Governor in Council the result of its findings, whereupon the
said Council may make an order or orders which shall have.
the same force and effect as if incorporated herein, and in
ease of conflict between such order or orders and any part
of this Act the provisions of such order or orders shall govern.

The members of the committee shall be paid such coni-
pensation as shall be determined by the Lieutenant Governgr
in Council. . i

The first mininium wage established in Alberta was $1.50
per shift. “(See Factory Act, 1917, sec. 24.)

ALBERTA ASSOCIATION OF REGISTERED NURSES.
8 a a
; 1920.

The corporate name has been changed from ‘‘Alberta As-*
ion of
Régistered Nurses.’’
A gradtate nurse resident in the’Province at the time
of the coming into” foree of The Registered Nurses Act who |
has had at least three years’ training in a general hospital is

1
!
I

] / LEGAL STATUS OF WOMEN OF ALBERTA 17
a

entitled to be enrolled as a member of the Association on pay-
ment of the fee. , an ~~

The provision that nurses in training at the time of the.
passing of the Act shall not be required to pass an examination
has been repealed and the following substituted : , -

‘‘Proyided, however, that where by or under any law: of
any other Province, State or country provision is made for
registration #f nurses and such registration in the opinion of
the Senate guarantees as high a standard of qualification as
that obtaining in this Province, any nurse registered under
such law shall be admitted to practice without being required
to take any further examination: . .

‘Provided further that in any other-Province, State or
country where such registration is not pr ovided for, the Senate

shall admit to practice the gradtiates of any hospital or train- ”

ing school which in its opinion gives training of as high a
standard as that given by hospitals and training schools in this
Province without requiring them to take any further examina-
tion.’

2
The fee for membership has been redueed from $10. 00 to.

$5. 00. ; ;
On approval of the Lieutenant Governor in ‘Council :the

* council of the association may prescribe a distinguishing badge-

to ‘be Worn by members, and any person not registered ° who
uses such badge ‘or who takes or uses the title of Registered
Nurse or the letters R.N., or any. othef words, letters or ‘de-

_Seription calculated to°lead people to infer that such person *

is registered shall be’ liable upon summary conviction to a
penalty of not less than $10.00 and not more’ than $50.00.

Change of -Name. .
a ; :
Any. person of the full age of twenty-one vears being a

ary

os) .
78 LEGAL -STATUS OF WOMEN OF ALBERTA

British subject by birth or naturalization - _may. change his or
her name under the provisions of the Change of Name Act. a
A., cap. 16,1916.) : : . JF,

When:a married man makes application for change of
surname’ of his wife or any,of his or her anmarried minor

,~ ~ children the consent of such wife shall first be had thereto.

The word ‘‘child or childyn’? includes a child or children
adopted- under an order, of the Supreme’ Court.

The cost of registering change of given name $5.00;
every other case $50.00. For publishing certificate in "Albert

Gazette #10. 00. : 3 3
yw -
WORKMEN’S COMPENSATION ACT. . v

Passed 1918, amended 1919.

4
‘

Administered by the Workingmen’s Compensation Béard-
of threa: ‘members-appainted, ‘by Lieutenant Governor in Coun-
cil and is a body corporated.

The members of the board shall reecive such salaries as
may be fixed by the Lieutenant, Governor in Council.

The board shall have the same powers as the Supreme
Court for compelling the attendance of witnesses, of examining

»them under oath and compelling production of books, papers,
documents and things.

To cover eost of administration the board shall’ make an
assessinent on the employer.

Sec. 20., sub-see. 5., Upon the board so making An aSs8ess-
ment an ‘employer shall be entitled to and: shall deduct from
the wages of any workmar in his employment and pay to the
board an amount fixed ‘by the board sufficient}in the aggr effate
to meet the assessment upon any person or pergons employed
hy such workmen in auch industry. — aa

d . ‘
LEGAL STATUS OF WOMEN OF ALBERTA 19

Compensation to Widow and Children.

Sec. 48. Where death results from an injury the amount
of compensation, not exeééeding $2,500.00 in the whole, shall
“be— ,

(a) Ixpenses of the burial, not exceeding $100.00;

(b) Where the widow or invalid husband is the sole de-
pendant, a. monthly payment of $30.00;

(c) To a widow or an invalid widower having one or
more children, a monthly payment of $30.00 with an additional
monthly payment of $7.50 for each child under sixteen years
of age, to be increased upon the death of the widow or invalid
widower to $10. 00, not exceeding in the whole $160.00 per
month;

(d) Where the ‘only dependents are children, $10. 00 per
month to each child under sixteen, not exceeding i in the. , Whole
$40.00 per month; provided that where there are more “than
four children the payments may be proportionate;

(e) Where the only dependants are persons other than
. those mentioned in the foregoing classes, a sum reasonable :
and proportionate to the pecuniary loss to each dependent oe-
easioned by the death, jo be determined by the board, but not
to exceed to the parents ‘or parent $20.00 per month, and not
exceeding in the whole $30.00 per month. ;

(2) In the case provided for by clanse (ec) of subsection
1 the payments shall continue so long as in the opinion of the -
board it might rgasonably have been expected “had the work-
man lived he would have continued to contribute to the. sup-
‘port of the dependants.

(a) Compensation shall be payable to an invalid ehild
without regard to: the age of suel child.

(4) Where the board is of the opinion that for any reason.
it is necessary or destrable that a payment in respect of a

. . t an
80 LEGAL STATUS OF WOMEN OF AEBERTA bh
child should not be made directly to its parent, the board may
direct that its- payment be made to such persons or be applied
in such manner as it may. deem most for the advantage of. the
tate . child. - Po
See. 48. Subject to the provisions of section 48 ifta/ de-
pendent widow marries the monthly payments to her shall
cease, but she shall be entitled in lieu of them to a lump sum
of $480.00, and such lump sum shall be payable within one
month after date of her marriage.,
(2) Subsection 1 shall not apply to payments to a widow
Xen . in respect of a child.
. 3 . Q
Civil Action for Seduction.

The fathcf or in case of his death, the mother of an
unmarried Woman, may maintain an action for seduction.
Any other person, who by reason of relation of master
’ or otherwise,-may maintain an action if the father or mother
ae he not resident in the.Province, or being resident, does not
os ~~bring an action for seduction within six months from-the birth
, of the child. ,
Or the ‘person seduced may bring an action in her own
name in the same manner as an action for any other tort. (C.
QO, 1915, cap. 117.)
Some loss of service or possibility of loss of servite must be
shown as consequent in the seduction, since that is the theory,

and ground 'Genetinn-bysatio that condition is once satisfied
' ; the damages" tlta

rad

may be given are by no means limited. (Sir
‘Frederick Pollock, 1904. )

‘Also as a means of indirectly obtaining a solatinu? for the
womap seduced. (See Laws of England, vol. 18, page 218.)

~Alua- -dapiages for the dishonour to the parent.

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Texts

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

Full text of "Legal status of women of Alberta as shown by extracts from Dominion and provincial laws"

See other formats